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2026 DAILYLAW 11110 (BOM)

YUNUS GOUS MUJAWAR v. THE STATE OF MAHARASHTRA AND ORS.

BA/891/2026 · 2026-09-24

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Judgment text

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1/3 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. _________________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 24th SEPTEMBER, 2026. 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 SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.24 18:40:15 +0530 2/3 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 This Court, not being inclined to entertain the said Application, the same was withdrawn by the Applicant on 30th March, 2026 (Exhibit-C, page No.199 of the paper-book). 4.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 3/3 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