Bombay High Court

ASHISH GAUTAM CHAUTMAL ALIAS ZAYYAversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The bail application is dismissed as withdrawn, with the applicant permitted to seek bail after one year if the trial does not progress substantially.

Summary

The applicant, Ashish Gautam Chautmal, sought bail in a criminal case involving a stabbing that caused death, with substantial eyewitness, documentary, and electronic evidence. The prosecution's charge-sheet listed 38 witnesses, but the State argued not all needed to be examined. The applicant, through his counsel, requested to withdraw the bail application and asked for the liberty to approach the trial court afresh if the trial does not make substantial progress. The Court noted the seriousness of the allegations, the existing evidence, and the procedural position regarding witness examination. It directed that the applicant may file a fresh bail application after one year if the trial remains stagnant, otherwise the trial court may consider bail on its own merits. Consequently, the bail application was dismissed as withdrawn.

Issues considered

Whether the bail application can be withdrawn at the applicant's request
Whether the applicant may approach the trial court afresh for bail if the trial does not substantially progress

Subjects

bail
criminal procedure
trial progress
witness examination
withdrawal of application

Judgment

                                  1                     75ba1425.26



          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

                75 BAIL APPLICATION NO. 1425 OF 2026

               ASHISH GAUTAM CHAUTMAL ALIAS ZAYYA
                                 VERSUS
                     THE STATE OF MAHARASHTRA
                                    ...
                Advocate for Applicant : Mr. Jadhav Satej S
          APP for Respondent/State: Ms. Ashlesha S. Deshmukh
                                    …



                                CORAM : HITEN S. VENEGAVKAR, J.
                                DATE : 24.08.2026.
PER COURT :


1.          Heard the learned Advocate for the applicant and the learned

APP for the Respondent-State.



2.          With the assistance of both the Advocates, I have perused

the investigation report. It is an admitted position that the present case

is the case of eye witnesses and there are supporting documents as well

as electronic evidence on record showing that a stab injury has been

caused by the present applicant which has attributed to the death of the

deceased.    Upon showing dis-inclination by this Court, the learned

Advocate for the applicant, on instructions, seeks leave to withdraw the

application and also prays that in case the trial does not substantially

progressed then liberty to approach the learned trial court afresh on

merits.
                                 2                      75ba1425.26



3.           The witnesses which are cited in the charge-sheet are 38 in

numbers, however, the learned APP rightly submits that it is not

necessary that the prosecution shall examine all the witnesses in the

present matter.



4.           Taking into consideration, the nature of the allegations and

the evidence on record, I feel it appropriate that in case there is no

substantial progress in the trial, then the present applicant can

approach to review his request for bail after a period of one year from

today. If no such application is filed before the learned trial Court, the

trial Court shall consider the said application on its own merits in

accordance with the law.



5.           In the light of the above, the present application stands

dismissed as withdrawn.



                                     (HITEN S. VENEGAVKAR, J.)




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