Bombay High Court
AJAY BHAGWANDAS PESWANIversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to the conditions specified in the order.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with offences under Section 123 of the Bharatiya Nyaya Sanhita, 2023 and Sections 65(c), (e) and (f) of the Maharashtra Prohibition Act. The applicant, a grocery shop owner, was alleged to have sold black jaggery and ammonium chloride to another accused who used them to brew illicit liquor. The prosecution failed to demonstrate that the sale of these items constituted a prohibited or contraband substance. The court noted that the applicant's alleged complicity must be proved at trial and, on prima facie grounds, granted bail with stringent conditions. The order expressly limited its observations to bail and did not address the merits of the case.
Issues considered
- Whether bail should be granted to the accused under Section 483 BNSS, 2023 given the nature of the alleged offences.
- Whether the sale of black jaggery and ammonium chloride by the applicant amounts to an offence under the Maharashtra Prohibition Act.
- Whether a prima facie case exists to justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 123
- Maharashtra Prohibition Act — s. 65(c), 65(e), 65(f)
Subjects
- bail
- criminal procedure
- illicit liquor
- Maharashtra Prohibition Act
- contraband
- Section 483 BNSS
- Section 123 BNS
- grocery business
- prima facie
Judgment
50.BA.2959.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2959 OF 2026
Ajay Bhagwandas Peswani .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Manoj Mohite, Senior Advocate a/w. Mr. Sagar Kursija,
Advocate for Applicant.
Mr. Yogesh M. Nakhwa, APP for Respondent – State.
API – Madhumati Shinde, Pimpri Police Station present.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 10, 2026.
P.C.:
1. Heard Mr. Mohite, learned Senior Advocate for Applican and
Mr. Nakhwa, learned APP for Respondent – State.
2. This is an Application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in
connection with C.R.No.328 of 2026 registered with Pimpri Police
Station, District Pune for offences punishable under Section 123 of the
Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Sections 65(c),
65(e) and 65(f) of the Maharashtra Prohibition Act. The First
Information Report is filed on 03.06.2026 and Applicant came to be
arrested on 06.06.2026.
3. Applicant is arraigned as Accused No.2 in the present crime.
Accused No.1 has been apprehended by the prosecution while carrying
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20 liters of illicitly brewed liquor in a public place. On further
investigation, Accused No.1 led the prosecution and investigating
agency to his house. In that house, belonging to Accused No.1, a
domestic setup for brewing illicit liquor comprising 1 steel drum and
pipes, etc. was found.
4. That apart, raw material used for brewing illicit liquor
namely Gur (Black Jaggery) and Ammonium Chloride (uolkxj) was
also found. When further inquiry was made, statement of Accused
No.1 namely memorandum panchnama was recorded which stated
that he had purchased the Black Jaggery and Ammonium Chloride,
both from the Applicant’s store and hence Applicant is arraigned as
Accused No.2. Applicant is a grocery shop owner and has been
carrying on grocery business for the past many years. In the course of
his day-to-day business of selling grocery items and other articles, the
sale of Black Jaggery and Ammonium Chloride is a normal part of his
business carried on by him.
5. Mr. Mohite, learned Senior Advocate has immediately
interjected and pointed out at this juncture that Ammonium Chloride is
otherwise also available for sale on the Amazon website freely. The
prosecution has not been able to show me as to whether the sale of
Black Jaggery and Ammonium Chloride constitutes sale of any
contraband substance or is prohibited or banned under any provision
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of any statute.
6. The Applicant is a grocer and is carrying on his family
business. The Applicant has made out a case for the grant of bail on
above facts. Needless to state that the complicity of the Applicant will
have to be established by the prosecution at the time of trial.
7. Hence, in view of above prima facie observations and
findings, Bail Application of Applicant is allowed subject to the
following terms and conditions:-
(i) Applicant – Ajay Bhagwandas Peswani is directed to be
immediately released from prison in connection with
CR. No.328 of 2026;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five
Thousand only) with one or two sureties in the like
amount;
(iii) Applicant shall report to the Investigating Officer at
Pimpri Police Station, once every month, on the first
Monday of the month between 10:00 a.m. to 12:00
p.m. until commencement of trial and thereafter shall
attend all dates of hearing before the Trial Court;
(iv) Applicant shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
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unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current residential address and mobile telephone
number and shall forthwith inform the Investigating
Officer of any change in his residential address or
mobile telephone number, as and when such change
occurs; and
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
8. It is clarified that the observations made in this order are
limited for the purpose of granting bail only and I have not made any
observations on merits of the case. The trial shall be adjudicated on
the strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made
hereinabove in this order.
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9. Bail Application is allowed and disposed in the above terms.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.09.10
19:56:03 +0530
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