Created by Fuzzy Cloud

Bombay High Court

SANTOSH BHIKU PISAL AND ORSversusTHE STATE OF MAHARASHTRA AND

Decided
Disposal
Allowed

Holding

The bail applications were allowed because the arrests were illegal due to non‑compliance with Section 47 of the BNS.

Summary

The Bombay High Court considered a bail application under Section 439 CrPC filed by three newspaper vendors accused of murder and related offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case relied solely on circumstantial evidence and alleged motives of a money dispute and an extra‑marital affair. The court examined the arrest records and found that the police failed to comply with Section 47 of the BNS, which mandates that the grounds of arrest be communicated in writing with date and time. Citing the Supreme Court’s decision in Mihir Rajesh Shah v. State of Maharashtra, the court held that non‑compliance renders the arrest illegal. Consequently, the court granted bail to all three applicants subject to standard conditions, without expressing any view on the merits of the underlying criminal case.

Issues considered

  • Whether the police complied with Section 47 of the Bharatiya Nyaya Sanhita, 2023 in informing the accused of the grounds of arrest.
  • Whether non‑compliance with Section 47 vitiates the arrest and warrants the grant of bail.
  • Whether the circumstantial nature of the evidence affects the bail decision.

Legislation cited

Subjects

  • bail
  • grounds of arrest
  • Section 47
  • procedural compliance
  • circumstantial evidence
  • Article 22
  • constitutional rights
  • Bharatiya Nyaya Sanhita

Judgment

                                                              44.BA.3388.2026.doc

Ajay
               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CRIMINAL APPELLATE JURISDICTION

                      BAIL APPLICATION NO.3388 OF 2026

       1) Santosh Bhiku Pisal (Accused No.1)
       2) Aniket Chandrakant Pisal (Accused No.2)
       3) Raju alias Babu Bhiku Pisal (Accused No.3)      .. Applicants
                   Versus
       State of Maharashtra                               .. Respondent
                                     ....................
        Mr. Vipul Dushing a/w Mr. Ashraf Kazi and Mr. Saurav Tadvi,
          Advocates for Applicants.
        Mr. Ashwin R. Kapadnis, Advocate for Original Complainant.
        Mr. Yogesh M. Nakhwa, APP for Respondent – State.
        Ms. Dipti Kapre, API – Bhor Police Station, Pune.
                                    ...................
                                   CORAM : MILIND N. JADHAV, J.
                                   DATE       : SEPTEMBER 21, 2026
       P.C.:
       1.       Heard Mr. Dushing, learned Advocate for Applicants; Mr.

       Kapadnis, learned Advocate for Original Complainant and Mr.

       Nakhwa, learned APP for Respondent – State.

       2.       This is an Application under Section 439 of the Criminal

       Procedure Code, 1973 seeking bail in connection with C.R.No.71 of

       2025 registered with Bhor Police Station, Pune for the offences

       punishable under Sections 103(1), 140(1), 238(c) and 3(5) of the

       Bharatiya Nyaya Sanhita, 2023.

       3.       There are three (3) Applicants in the present case. Applicant

       Nos.1 and 2 were arrested on 26.04.2025 and Applicant No.3 was

       arrested on 30.05.2025. Applicants before me are all newspaper

       vendors. Chargesheet has been filed. Prima facie on perusal of record


                                                                         1 of 10
                                                         44.BA.3388.2026.doc


before me, it is seen that there is no direct evidence. FIR is lodged on

26.04.2025 about an unidentified male body found in a decomposed

state in Shirgaon.

4.        It is the case of prosecution that the precursor to the present

crime is a money dispute between Applicant No.1 and deceased -

victim due to which the deceased victim had smashed car windows of

Applicant No.1’s car. Second reason for implicating Applicants as per

prosecution case is the alleged extra-marital affair between Applicant

No.1 and wife of deceased - victim. According to prosecution case, on

23.04.2025 an altercation ensued between Applicant No.1 and

deceased - victim when the victim was assaulted by Applicant Nos.1

and 3 with fist blows and iron rod and thereafter all three (3)

Applicants disposed off the body after smashing the head of the victim.

5.        It is seen that case of the prosecution is completely based on

circumstantial evidence and there is no direct evidence. However Mr.

Dushing, learned Advocate for Applicants would draw my attention to

the Arrest Form of Accused Nos.1 and 3 appended at page Nos.193

and 198 pertaining to these 2 accused persons where in Column No.8

it is merely stated that they are taken into custody on 26.04.2025 at

20:45 hours without any reasons stated therein, however their

intimation of “grounds of arrest” is a common letter issued to both of

them which is appended at page No.202 of the Application and when

the said letter is seen it is prima facie noticed that there is no date on

                                                                    2 of 10
                                                         44.BA.3388.2026.doc


that letter of intimation and neither any time is stated. He would

further draw my attention to Column No.8 of the Arrest Form of

Accused No.3 appended at page No.227 of the Application and would

submit that the “grounds of arrest” which are to be informed and

served upon Applicant is blank and it does not bear the date and time

at all either.

6.         PER CONTRA, According to Mr. Kapadnis, learned Advocate

for Original Complainant, the procedure followed is that on the Arrest

Form the time is written and the intimation of the grounds of arrest is

in continuation of the Arrest Form and hence the procedure is duly

followed. I am afraid and unable to comprehend this submission.

7.         I have heard Mr. Dushing, learned Advocate for Applicants;

Mr. Kapadnis, learned Advocate for Original Complainant and Mr.

Nakhwa, learned APP for Respondent – State and perused the record

of the case. Submissions made by learned Advocates at the bar have

received due consideration of the Court.

8.         It is pertinent to note that Section 47 of the BNS requires the

Police Officer to forthwith communicate the full particulars of the

offence or other grounds for such arrest and also inform the person

arrested that he is entitled to be released on bail and he may arrange

for surety accordingly. Prima facie on reading page No.202 , it is seen

that there is clear non-compliance of Section 47 of the BNS to the

extent that no date and time is stated on the said intimation / Arrest

                                                                    3 of 10
                                                                      44.BA.3388.2026.doc


Form and most importantly Section 47(2) of the BNS is not complied

with at all.


9.         Though, it is argued by Mr. Kapadnis that Section 48 of the

BNS has been complied with but that will come in the picture only

once Section 47 of the BNS stands duly complied with. Once this is

seen and the case of prosecution is purely based on circumstantial

evidence, then arrest of Applicants in such circumstances without

following the due procedure is deemed to be illegal on the face of

record.

10.            It is seen that the Constitutional safeguard provided under

Article 22 of the Constitution of India has been effectuated by the

legislature by incorporating Section 47 of BNSS, 2023 (earlier Section

50 of CrPC, 1973) which puts into force the procedural mandate

providing for protection of personal liberty of the person so arrested. It

is seen that Section 47 of BNSS, 2023 casts a clear duty on the police

officer or any other person arresting a person without a warrant that

he shall communicate to him the grounds of his arrest. Section 47

reads thus:-

           “47. Person arrested to be informed of grounds of arrest and of right to bail.––
           (1) Every police officer or other person arresting any person without warrant
           shall forthwith communicate to him full particulars of the offence for which he
           is arrested or other grounds for such arrest.
           (2) Where a police officer arrests without warrant any person other than a
           person accused of a non- bailable offence, he shall inform the person arrested
           that he is entitled to be released on bail and that he may arrange for sureties
           on his behalf.”




                                                                                   4 of 10
                                                                   44.BA.3388.2026.doc


11.        It is seen that Section 50A of CrPC, 1973, now replicated as

Section 48 of BNSS, 2023 was further added to extend the scope of

such protection by casting a duty upon the person arresting to inform

such grounds of arrest either to his friend, relative or any other person

nominated by the arrested person. Section 48 of BNSS 2023 reads as

follows:

           “48. Obligation of person making arrest to inform about arrest, etc., to
           relative or friend.– – (1) Every police officer or other person making any
           arrest under this Sanhita shall forthwith give the information regarding
           such arrest and place where the arrested person is being held to any of his
           relatives, friends or such other persons as may be disclosed or nominated
           by the arrested person for the purpose of giving such information and also
           to the designated police officer in the district.
           (2) The police officer shall inform the arrested person of his rights under
           sub-section (1) as soon as he is brought to the police station.
           (3) An entry of the fact as to who has been informed of the arrest of such
           person shall be made in a book to be kept in the police station in such form
           as the State Government may, by rules, provide.
           (4) It shall be the duty of the Magistrate before whom such arrested person
           is produced, to satisfy himself that the requirements of sub-section (2) and
           sub-section (3) have been complied with in respect of such arrested
           person.”

12.        From the mere reading of above provisions, I am of the view

that mere oral communication of such grounds, in the absence of

specific date and time and infact common intimation in case of

Accused Nos.1 and 2 would render the compliance of Section 47

susceptible to factual disputes which would otherwise result into

conflicting claims between the arrested person and investigating

agency.

13.        Attention is drawn to the recent decision of the Supreme

Court in the case of Mihir Rajesh Shah Vs. State of Maharashtra and




                                                                               5 of 10
                                                                         44.BA.3388.2026.doc


Another1 wherein it was held that grounds of arrest are to be furnished

to the arrestee at the earliest and in writing in the language he/she

understands and in any case two hours before production of the

arrestee before the Magistrate for remand. Relevant paragraph Nos. 62

to 66 are reproduced hereunder:-


               "62. We thus hold, that, in cases where the police are already in possession
               of documentary material furnishing a cogent basis for the arrest, the
               written grounds of arrest must be furnished to the arrestee on his arrest.
               However, in exceptional circumstances such as offences against body or
               property committed in flagrante delicto, where informing the grounds of
               arrest in writing on arrest is rendered impractical, it shall be sufficient for
               the police officer or other person making the arrest to orally convey the
               same to the person at the time of arrest. Later, a written copy of grounds of
               arrest must be supplied to the arrested person within a reasonable time
               and in no event later than two hours prior to production of the arrestee
               before the Magistrate for remand proceedings. The remand papers shall
               contain the grounds of arrest and in case there is delay in supply thereof, a
               note indicating a cause for it be included for the information of the
               Magistrate.

               63. The above indicated lower limit of two hours minimum interval before
               the production is grounded in the functional necessity so that the right as
               provided to an arrestee under the Constitution and the statute is
               safeguarded effectively. This period would ensure that the counsel has
               adequate time to scrutinize the basis of arrest and gather relevant material
               to defend the arrestee proficiently and capably while opposing the remand.
               Any shorter interval may render such preparation illusory, thereby
               resulting in non-compliance of the constitutional and statutory mandate.
               The two-hour threshold before production for remand thus strikes a
               judicious balance between safeguarding the arrestee's constitutional rights
               under Article 22(1) and preserving the operational continuity of criminal
               investigations.

               64. In view of the above, we hold with regard to the second issue that non-
               supply of grounds of arrest in writing to the arrestee prior to or
               immediately after arrest would not vitiate such arrest on the grounds of
               non-compliance with the provisions of Section 50CrPC (now Section 47 of
               BNSS 2023) provided the said grounds are supplied in writing within a
               reasonable time and in any case two hours prior to the production of the
               arrestee before the Magistrate for remand proceedings.

               65. It goes without saying that if the abovesaid schedule for supplying the
               grounds of arrest in writing is not adhered to, the arrest will be rendered
               illegal entitling the release of the arrestee. On such release, an application
               for remand or custody, if required, will be moved along with the reasons
               and necessity for the same, after the supply of the grounds of arrest in
1   (2026) 1 Supreme Court Cases 500



                                                                                      6 of 10
                                                                 44.BA.3388.2026.doc


         writing setting forth the Explanation for non-supply thereof within the
         above stipulated schedule. On receipt of such an application, the
         Magistrate shall decide the same expeditiously and preferably within a
         week of submission thereof by adhering to the principles of natural justice.

         66. In conclusion, it is held that:

         66.1. The constitutional mandate of informing the arrestee the grounds of
         arrest is mandatory in all offences under all statutes including offences
         under IPC, 1860 (now BNS 2023);

         66.2. The grounds of arrest must be communicated in writing to the
         arrestee in the language he/she understands;

         66.3. In case(s) where, the arresting officer/person is unable to
         communicate the grounds of arrest in writing on or soon after arrest, it be
         so done orally. The said grounds be communicated in writing within a
         reasonable time and in any case at least two hours prior to production of
         the arrestee for remand proceedings before the Magistrate.

         66.4. In case of non-compliance of the above, the arrest and subsequent
         remand would be rendered illegal and the person will be at liberty to be set
         free."

14.       The right of the person being arrested to know the reasons

of his arrest is a very valuable right as it would curb his freedom and

place him in custody away from being free and such drastic power

when exercised will have to be shown as exercised rather than simply

done. Once a person is apprehended he has a right to know the reason

and this can only be gathered from he having been informed the same

without any ambiguity whatsoever when so informed in writing and

his signature having been obtained on the arrest form informing him

the grounds of his arrest. This would be the correct logical

interpretation of Section 47 and submissions of Mr. Kapadnis that

intimation letter without date and time should be accepted as it is

without reasons being stated in the Arrest Form either cannot be

countenanced for more than one reason. It is observed that such


                                                                             7 of 10
                                                            44.BA.3388.2026.doc


conflict results in jeopardizing the integrity of the arrest process and

thereby giving an opportunity to the accused person to claim

immediate release. It is observed that such situation can be obviated

by furnishing the grounds of arrest in writing with all particulars and

obtaining the signature or thumb impression of the accused person on

the Form of grounds of arrest with appropriate date and time specified

thereon, otherwise it is susceptible to manipulation.

15.         Apart from the practical difficulties, it is seen that furnishing

grounds of arrest in writing with all details also results into effective

compliance of the mandate provided under Article 22 of the

Constitution of India. In present case it is observed that provisions of

Section 48 were complied with as per law however, prosecution has

failed to prove that provisions of Section 47 are complied with by

following due process of the law. In fact it is seen that the Arrest Form

and Section 48 compliance bearing the same date and time but

Section 47 compliance has no date and time.

16.         Contention of the prosecution in the present case that

Applicants were informed about the grounds of arrest as envisaged

under Section 47 of the BNSS, 2023 cannot be countenanced and

accepted as due compliance in the above facts. This amounts to a clear

breach of the Constitutional and statutory safeguards provided to an

arrestee.




                                                                       8 of 10
                                                          44.BA.3388.2026.doc


17.       In view of the above and non-compliance of statutory

provision of Section 47 as noted above the 3 Applicants are directed to

be released on bail.

18.       Hence, in view of above prima facie observations and

finding, Bail Application of Applicants is allowed subject to            the

following terms and conditions:-

          (i)   All three (3) Applicants are directed to be released from
                prison in connection with CR. No.71 of 2025;
          (ii) All three (3) Applicants are directed to be released on
                bail on furnishing P.R. Bond of Rs.10,000/- (Rs. Ten
                Thousand only) each with one or two surety of the like
                amount;
          (iii) All three (3) Applicants shall report to the Investigating
                Officer at Bhor Police Station, Pune, once every month,
                on the first Sunday 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) All three (3) Applicants shall cooperate with the
                conduct of the trial and remain present before the Trial
                Court on all dates, unless specifically exempted.
                Applicants shall not seek unnecessary adjournments.
                Any such conduct shall entitle the prosecution to apply
                for cancellation of bail;
          (v) All three (3) Applicants shall not leave the State of
                Maharashtra without prior permission of the Trial
                Court;
          (vi) Applicants shall not influence any of the witnesses or
                tamper with the evidence in any manner;


                                                                     9 of 10
                                                                             44.BA.3388.2026.doc


                             (vii) All three (3) Applicants shall keep the Investigating
                                     Officer informed of their respective current residential
                                     address and mobile telephone numbers and shall
                                     forthwith inform the Investigating Officer of any change
                                     in their residential addresses or mobile telephone
                                     numbers, 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 Applicants.
       19.                   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.


       20.                   All three Bail Applications are allowed and disposed in the

       above terms.



Ajay                                                          [ MILIND N. JADHAV, J. ]


                  Digitally signed
                  by AJAY
       AJAY       TRAMBAK
       TRAMBAK    UGALMUGALE
       UGALMUGALE Date:
                  2026.09.22
                  15:18:35 +0530




                                                                                       10 of 10


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.