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 The State argued that there was no change in circumstances since the earlier withdrawn bail application in March 2026.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 The bail application was consequently disposed of as withdrawn.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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code, 1860 — s. 376, 376(2)(j)(n), 506
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 4, 5, 6, 8
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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