Supreme Court – Daily Orders
Kunal Mohan Mokashi vs State Of Maharashtra on 20 April, 2026
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ITEM NO.6 COURT NO.7 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No.17516/2026
[Arising out of impugned final judgment and order dated 09-01-2025
in BA No. 4611/2024 passed by the High Court of Judicature at
Bombay]
KUNAL MOHAN MOKASHI Petitioner(s)
VERSUS
STATE OF MAHARASHTRA Respondent(s)
[TO BE TAKEN UP AT THE TOP OF THE BOARD]
(IA No. 103682/2026 - CONDONATION OF DELAY IN FILING SLP, IA
No. 103686/2026 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT AND IA No. 103688/2026 - EXEMPTION FROM FILING O.T.)
Date : 20-04-2026 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J.B. PARDIWALA
HON'BLE MR. JUSTICE VIJAY BISHNOI
For Petitioner(s) :
Ms. Sana Raees Khan, Adv.
Mr. Dhawesh Pahuja, AOR
For Respondent(s) :
Ms. Rukhmini Bobde, Adv.
Mr. Sidharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Shrirang B. Varma, Adv.
Mr. Vinayak Aren, Adv.
Mr. Jatin Dhamija, Adv.
Ms. Aishwarya Nigam, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1.
Signature Not Verified
Delay condoned.
Digitally signed by
VISHAL ANAND
2.
Date: 2026.04.20
16:37:30 IST Exemption Applications are allowed.
Reason:
3. The petitioner has been denied regular bail by the High Court
in connection with Crime Register No.529 of 2021 registered with
Wakad Police Station, Pune for the offence punishable under
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Sections 302, 504, 506, 120B, 201 read with 34 of the Indian Penal
Code, 1860 (for short, “the IPC”), Sections 25 and 27 of the Arms
Act respectively along with Sections 37(1), 135 and 142 of the
Maharashtra Police Act respectively and Section 7 of the Criminal
Law (Amendment) Act.
4. Our order dated 13th April, 2026 speaks for itself.
5. The same reads thus:-
“1. The petitioner has been put to trial for the offence of
murder punishable under Section 302 of the Indian Penal Code,
1860 (for short, the “IPC”) and other offences under the IPC.
2. The incident in question is dated 27-6-2021. The
petitioner is in judicial custody as an under-trial prisoner
past almost 5 years.
3. The parody of the situation is that in last 5 years, only
1 witness has been examined.
4. In the past, the petitioner had come before us praying for
bail.
5. We take notice of the order passed by this Court on 8-9-
2025.
6. The same reads thus:-
“1. Delay condoned.
2. Exemption Applications are allowed.
3. The petitioner has been denied bail by the High Court in
connection with C.R. No.529/2021 registered with the Wakad Police
Station, Pune for the offence punishable under Sections 302, 504,
506, 120B , 201 read with Section 34 of the Indian Penal Code
(for short, “the IPC”) respectively, under Sections 4(25) & (27)
of the Arms Act respectively, Sections 37(1), 135 and 142
respectively of the Maharashtra Police Act and Section 7 of the
Criminal Law (Amendment) Act.
4. The incident in question is dated 27-6-2021. This is
suggestive of the fact that the petitioner is in custody past
almost 4 years. One of the co-accused, who is alleged to have
been sitting in the car at the time of incident, was ordered to
be released on bail by this Court.
5. The petitioner – herein is the person against whom there
are direct allegations of assault. However, the matter of concern
is that although the Trial Court framed charge on 23-7-2024, yet
till this date not a single witness has been examined.
6. It has been pointed out by the learned counsel appearing
for the State of Maharashtra that the prosecution intends to
3examine as many as 15 witnesses. There are few eye-witnesses also
to the incident.
7. Having regard to the nature of the crime as alleged and
the role attributed to the petitioner, we are not persuaded to
exercise our discretion in so far as the plea for bail is
concerned. However, we direct the Trial Court concerned to ensure
that the trial is completed with judgment within a period of six
months from today. If the Trial Court is unable to complete the
trial within six months, it shall be open for the petitioner to
come back before us and pray for bail.
8. The Registry is directed to forward one copy each of this
order at the earliest to the Trial Court concerned including the
territorial High Court.
9. With the aforesaid, the Special Leave Petition stands
disposed of.
10. Pending applications, if any, also stand disposed of.”
7. As we granted liberty to the petitioner to come back before
us, he has renewed his plea for bail. It is very unfortunate that
in last eight months, only one witness has been examined.
8. Ms. Rukhmini Bobde, the learned counsel appearing for the State
submitted that the accused persons are responsible for delay in the
trial.
9. We would like to know in what manner they are responsible
for the delay. In this regard, we want the State to file affidavit
explaining why only one witness has been examined after our last
Order dated 8-9-2025, referred to above. One copy of the affidavit
that may be filed by the State shall be furnished well in advance
to Ms. Sana Raees Khan, the learned counsel appearing for the
petitioner.
10. Put it next week on top of the Board”.
6. In pursuance of the order passed by this Court, referred to
above, the State has filed an affidavit duly affirmed by the Police
Sub-Inspector, Kalewadi Police Station, Pimpri Chinchwad, Police
Commissionerate, Pune.
7. We have looked into the contents of the affidavit.
8. We are of the view that there has been an inordinate delay on
the part of the State as well as the trial court in conducting the
trial.
9. The petitioner is in judicial custody past more than 5 years.
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Even after the trial was transferred to the Court in Chinchwad, not
a single witness has been examined so far.
10. In view of the aforesaid, we are left with no other option but
to exercise our discretion in favor of the petitioner.
11. In the result, we direct that the petitioner be released on
bail forthwith, if not required in any other case, subject to terms
and conditions that the trial court may deem fit to impose.
12. We direct the petitioner to regularly appear before the Trial
Court on the dates fixed for the purpose of recording of the oral
evidence.
13. Let the trial proceed expeditiously.
14. The trial court shall see to it that the trial is completed
within a period of 6 months from today.
15. With the aforesaid, this petition stands disposed of.
16. Pending applications, if any, also stand disposed of.
(VISHAL ANAND) (POOJA SHARMA) DEPUTY REGISTRAR COURT MASTER (NSH)
