Bombay High Court

Jose Henrique Da Silva DominguesversusUnion of India

Decided: 24 September 2026
Disposal: Disposed Off

Holding

The court held that it may grant a four‑week extension to furnish surety and allow release on a PR bond and cash deposit in lieu of surety.

Summary

The applicant, previously released on bail in an NDNDPS case, was unable to furnish the required surety. He applied for additional time and offered to execute a personal bond of Rs.1,00,000 and deposit an equal amount in lieu of the surety. The court examined the submission and found it reasonable. It allowed the application, granting a four‑week period to furnish the surety while permitting release on the bond and deposit, with the deposit to be returned upon furnishing the surety. The application was thereafter disposed.

Issues considered

Whether the court can extend the time for furnishing surety under a bail order
Whether a personal bond and cash deposit can be permitted in lieu of the required surety
Whether such modification is within the court's discretion under the NDPS Act

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22(c), 23, 28, 29, 8(c)

Subjects

bail
surety
NDPS
criminal application
extension of bail
personal bond

Judgment

P.H. JAYANI                                           902 APPLN165.2026.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

         CRIMINAL APPLICATION (APPLN) NO. 165 OF 2026

Jose Henrique Da Silva Domingues                         …. Applicant
      V/s.
The Union of India                                      …Respondent


Ms. Harshali Potdar i/b. Mr. Sumit Gadling for the Applicant.
Ms. Kranti Hiwrale, APP for the Respondent – State.


                            CORAM:       SHYAM C. CHANDAK, J.
                            DATED :      24th SEPTEMBER, 2026

P.C. :-

1.        Heard learned Counsel for the parties. Perused the record.

2.        The Applicant is released on bail vide Order dated
19.05.2025 passed by the learned Special NDPS Judge, City Civil &
Sessions Court, Gr. Bombay below Exhibit – 42 in NDPS Special
Case No.718 of 2020. He is charged with the offences punishable
under Sections 8(c) r/w. 22(c), 23, 28 and 29 of the Narcotic
Drugs and Psychotropic Substances act, 1985.

3.        Ms. Potdar, the learned Counsel for the Applicant submitted
that despite all efforts, the Applicant could not get the surety to
comply with the bail Order. However, she submits that, the
Applicant would furnish the surety if he is released on bail for a
period of four weeks on his executing a P.R. Bond in the sum of
Rs.1,00,000/- and depositing a sum of Rs.1,00,000/- in lieu of
furnishing the surety. The said submission appears to be
reasonable.



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               P.H. JAYANI                                            902 APPLN165.2026.DOC



               4.       Hence, following Order :-

                        (a)   Criminal Application is allowed.

                        (a)   The Applicant is granted four weeks time to furnish
                        the surety. Till then, the Applicant be released on bail on his
                        executing a P.R. Bond in the sum of Rs.1,00,000/- and
                        depositing a sum of Rs.1,00,000/- in lieu of furnishing the
                        surety. On furnishing such surety/ies, the amount of
                        Rs.1,00,000/- shall be returned to the Applicant.

               5.       Criminal Application stands disposed of.



                                                (SHYAM C. CHANDAK, J.)
  PREETI
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.09.24
21:20:23 +0530




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