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Bombay High Court

YUNUS GOUS MUJAWARversusTHE STATE OF MAHARASHTRA AND ORS.

Disposal
Disposed Off

Holding

The Court allowed the withdrawal of the present bail application and permitted the applicant to file a fresh bail application after one year if the trial does not make substantial progress.

Summary

The High Court considered a bail application filed by Yunus Gous Mujawar, who is charged under IPC sections 376, 376(2)(j)(n), 506 and POCSO Act sections 4, 5, 6, 8 and 12 for a crime registered in 2024. The applicant sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and also requested permission to withdraw the present application and file a fresh bail petition after one year if the trial showed no substantial progress. The State argued that there was no change in circumstances since the earlier withdrawn bail application in March 2026. The Court noted that the charge had been framed in April 2026 and the trial was scheduled to commence, with the prosecution aiming to complete witness examination within a year from 6 October 2026. Since the State did not oppose the withdrawal, the Court granted leave to withdraw the current bail application and allowed the applicant to file a fresh bail application after one year, subject to trial progress. The bail application was consequently disposed of as withdrawn.

Issues considered

  • Whether the applicant may withdraw the present bail application and seek liberty to file a fresh bail application after a stipulated period.
  • Whether there has been any material change in circumstances justifying a fresh bail consideration.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • sexual offences
  • POCSO
  • withdrawal of application
  • trial delay

Judgment

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                                                                                   13-BA-891-2026 (CR).DOC


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIRCUIT BENCH AT KOLHAPUR

                                               CRIMINAL APPELLATE JURISDICTION

                                             CRIMINAL BAIL APPLN. NO. 891 OF 2026

                            Yunus Gous Mujawar                                      …...Applicant
                                  VERSUS
                            The State Of Maharashtra And Ors.                           …...Respondent

                            _________________________________________________________________


                            Mr. Suyash Lalwani (Through VC), for Applicant.
                            Mr. S. H. Yadav, APP, for Respondent Nos.1 and 2 - State.
                            PSI, Mr. Jeevan Patil, Kurundwad Police Station, present.
                            _________________________________________________________________



            Digitally
            signed by
                                               CORAM       :   ASHWIN D. BHOBE, J.
            SHANTANU
SHANTANU    SHANKARSA
SHANKARSA
DHUDUM
            DHUDUM
            Date:
            2026.09.24
                                               DATE        :   24th SEPTEMBER, 2026.
            18:40:15
            +0530
                            P.C.


                            1.          Heard Mr. Suyash Lalwani, learned Advocate for the Applicant

                            and Mr. S. H. Yadav, learned A.P.P. for Respondent Nos.1 and 2 – State.


                            2.          By this Application filed under Section 483 of the Bharatiya

                            Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the Applicant is

                            seeking bail in connection with Crime No.293 of 2024 registered at

                            Kurundwad Police Station, for the offences punishable under Sections 376,

                            376(2)(j)(n), 506 of the Indian Penal Code, 1860 (for short, “IPC”) and

                            Sections 4, 5, 6, 8 and 12 of the Protection of Children from Sexual

                            Offences Act, 2012 (for short, “POCSO Act”).


                   Shantanu S. Dhudum
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                                                                 13-BA-891-2026 (CR).DOC


         3.          Mr. Suyash Lalwani, learned Advocate for the Applicant, states

         that the Applicant is the sole accused in Crime No.293 of 2024. He states

         that the said crime is now registered as Special Case No.24 of 2024 and is

         pending before the learned Special Judge (POCSO), Jaisingpur, District

         Kolhapur (for short, “Trial Court”). He further submits that the Applicant

         was earlier before this Court by way of Criminal Bail Application No.207 of

         2026. This Court, not being inclined to entertain the said Application, the

         same was withdrawn by the Applicant on 30th March, 2026 (Exhibit-C,

         page No.199 of the paper-book).


         4.          Mr. S. H. Yadav, learned A.P.P. for Respondent Nos.1 and 2 –

         State, objects to the present Bail Application on the ground that there is no

         change in circumstance since 30th March, 2026. He, however, on

         instructions from the Investigating Officer, states that charge has been

         framed in Special Case No.24 of 2024 in the month of April, 2026 and the

         trial would commence shortly. He submits that the prosecution will make

         an endeavour to complete the examination of all the witnesses within a

         period of one year from the next date, i.e. 6th October, 2026, fixed before

         the Trial Court.


         5.          In view of the statement made by Mr. S. H. Yadav, learned A.P.P.

         for Respondent Nos.1 and 2 – State, on instructions from the Investigating

         Officer, Mr. Suyash Lalwani, learned Advocate for the Applicant, on

         instructions from the Applicant, seeks leave to withdraw the present Bail


Shantanu S. Dhudum
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                                                                    13-BA-891-2026 (CR).DOC


         Application with liberty to file a fresh Bail Application before the Trial

         Court after a period of one year from the next date, i.e. 6th October, 2026,

         if there is no substantial progress in the trial of Special Case No.24 of 2024.


         6.          This request is not opposed by Mr. S. H. Yadav, learned A.P.P. for

         Respondent Nos.1 and 2 - State.


         7.          In view of the statement made by Mr. Suyash Lalwani, learned

         Advocate for the Applicant, leave is granted to withdraw the present Bail

         Application with liberty to file a fresh Bail Application after a period of one

         year from the next date, (i.e. 6th October, 2026), fixed before the Trial

         Court, if there is no substantial progress in the trial. Parties to cooperate

         with the Trial Court in the examination of the witnesses.


         8.          If a fresh Bail Application is filed before the Trial Court, the same

         be considered on its own merits and in accordance with law.


         9.          Criminal Bail Application No.891 of 2026 is disposed of as

         withdrawn.




                                                        ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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