Bombay High Court

KIRAN DNYANOBA DEVNALE (KHAROBE)versusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The court allowed the withdrawal of the bail application and ordered the trial court to conclude the trial within 15 sessions.

Summary

The applicant, Kiran Dnyanoba Devnale, filed a second bail application alleging prolonged incarceration without substantial progress in the trial. The trial court report indicated that two witnesses had been examined and one was pending cross‑examination due to the non‑production of Muddemal property. The respondent’s counsel informed the court that the investigating officer would produce the property and that 8‑10 witnesses remained, requiring approximately 15 court sessions to complete the trial. The applicant’s counsel sought leave to withdraw the bail application, requesting that the trial be concluded within the stipulated 15 sessions. The High Court granted permission to withdraw the application, directed the trial court to expedite the trial within 15 sessions, and held that a fresh bail application could be filed if progress remained unsatisfactory.

Issues considered

Whether the bail application can be withdrawn at the applicant's request
Whether the trial court can be directed to complete the trial within a specified number of sessions

Subjects

bail
withdrawal
trial delay
criminal procedure
court scheduling
provisional liberty

Judgment

2026:BHC-AUG:40474
                                                                        953ba954-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                           953 BAIL APPLICATION NO. 954 OF 2026

                              Kiran Dnyanoba Devnale (Kharobe)
                                            VERSUS
                                    The State Of Maharashtra
                                               ...
            Mr. Jadhav Satej S, Advocate for the Applicant
            Mr. K. K. Naik, APP for the Respondent-State


                                      CORAM : HITEN S. VENEGAVKAR, J.
                                       Dated : 2nd September, 2026
            PER COURT :-

            1.       The present application is the second bail application. The

            change in circumstance is alleged to be long incarceration without any

            substantial progress in the trial.    On the last occasion, taking into

            consideration the submissions advanced by the learned Advocate for

            the applicant, the report was called for from the trial court, which is

            received by this Court, wherein, the trial court has mentioned that two

            witnesses are already examined and one witness is awaiting cross

            examination for the reason that Muddemal property was not produced

            before the trial court.


            2.       The learned APP submits that he has instructed the

            investigating officer to submit Muddemal property at the earliest. He

            further submits that there are 8 to 10 witnesses which are to be

            examined in the present offence and therefore, prosecution need

            maximum 15 sessions to complete the trial.

                                                                              1 of 2
                                                                         953ba954-26

           3.      The learned Advocate for the applicant seeks leave to

           withdraw the present application with a request to this Court that the

           statement of the learned APP be recorded that the trial may be

           concluded in 15 sessions.


           4.      Leave to withdraw the application is granted. The trial Court

           to make every    possible endevarour to conclude the trial within a

           period of 15 sessions from today. In case no substantial progress is

           made, then, the applicant will be at liberty to prefer fresh bail

           application before the      learned trial court, which, if filed, will be

           considered on its own merits.


           5.      The application stands disposed of as withdrawn.




                                                       (HITEN S. VENEGAVKAR, J.)
JPChavan




                                                                               2 of 2

Continue reading with your account

Checking your session…