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Bombay High Court

NISHANT RAMESH SATPUTEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail was granted to the applicant subject to specified conditions.

Summary

Nishant Ramesh Satpute, a 23‑year‑old first‑time offender, was arrested with a country pistol and three live cartridges and charged under Section 3(25) of the Arms Act, 1959, sections 113(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and sections 37(1) and 135 of the Maharashtra Police Act, 1951. He filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court examined the applicant’s youth, lack of prior record, and the reformative purpose of bail, noting that incarceration could expose him to harmful influences. Weighing the risk of flight and witness tampering against the need for rehabilitation, the Court decided that bail was appropriate. Accordingly, the Court ordered his immediate release on a Rs. 25,000 personal bond with two sureties and imposed standard reporting and non‑interference conditions. The bail order was granted and the application disposed.

Issues considered

  • Whether bail should be granted to a first‑time young offender charged with unauthorized possession of a firearm under the Arms Act and related statutes.
  • Whether the provisions of Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 permit bail in the circumstances presented.

Legislation cited

Subjects

  • bail
  • arms possession
  • first‑time offender
  • youth offender
  • reformative justice
  • criminal procedure
  • Maharashtra

Judgment

                                                                        18. BA-3442-2026.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION


                             BAIL APPLICATION NO. 3442 OF 2026

           Nishant Ramesh Satpute                                   .. Applicant
                      Versus
           The State of Maharashtra                                 .. Respondent
                                     ....................
            Mr. Vipul Dushing a/w Mr. Tanmay T. Kate & Mr. Ashraf Kazi,
             Advocates for Applicant
            Ms. Sangeeta E. Phad, APP for State
            Mr. Sudhir Gule, API, Kothrud Police Station, Pune
                                          ...................
                                         CORAM : MILIND N. JADHAV, J.
                                         DATE          : SEPTEMBER 9, 2026
           P. C.:

           1.       Heard Mr. Dushing, learned Advocate for Applicant and Ms.

           Phad, learned APP for State.


           2.       This is an Application under Section 483 of Bharatiya Nagarik

           Suraksha Sanhita, 2023 seeking           Bail in connection with C.R. No.

           214/2026 registered with Kothrud Police Station, Pune City for offence

           punishable under Section 3(25) of the Arms Act, 1959; under Section

           113(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS")

           and under Section 37(1) and 135 of the Maharashtra Police Act, 1951.


           3.       Applicant is first-time offender, having been apprehended with

           one country pistol and three live cartridges, which according to the

           Applicant and his friend, they had purchased the same in order to



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show themselves in better light. The offense for which the Applicant is

charged is for unauthorized possession of weapons under the Arms

Act. It is not the case of the prosecution that the Applicant had shown

the said weapon to anybody or threatened anybody. Be that as it may,

considering the age of the Applicant being 23 years, he being a young

offender, and the fact that he has no antecedents impels me to

consider the Applicant's case for grant of bail, so that every chance or

rather semblance of a chance should be taken by the Court to consider

a reformative approach in so far as a first-time offender and a young

offender is concerned.


4.    Considering Applicant’s age, if he is enlarged on bail Court is

hopeful that his family will undoubtedly do their duty to make every

effort and attempt to reform and aid the Applicant in leading a

reformed life while on bail rather than keep him in prison and expose

him to criminal outlook and life in prison. However on the flip side, if

a chance is given to the Applicant because of his young age by

enlarging him on bail, there is a possibility that he will be remorseful

and repent in retrospect. This is a chance required to be taken by the

Court because punishment has to be believed to be inflicted for a

reformative result rather than being punitive in nature.


5.    Undoubtedly the trial will determine the complicity of Applicant

in the offence. While considering Bail Application in such facts, Court

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feels that reform and rehabilitation of the under trial accused needs to

be considered especially when age of the accused person is young so

that he gets an opportunity / or is given an opportunity to reform,

rehabilitate and earn his livelihood honorably from the perspective of

social integration. This is a chance which the Court must take

considering the young age of accused person. The age of the Applicant

is very young. If the Applicant is incarcerated in prison further, there is

every possibility that he might lose faith in the institution and society

at large and may tread the path of criminality or would waste his life.

Incarceration in prison exposes many youth to abuse as is shown

statistically.


6.     There are several harms of incarceration which are inflicted

disproportionately on the youth. This is the reason why Court feels

that any / every semblance of a chance towards a reformative

approach in punishment should be adopted, especially in the case of

young offenders. Hence every opportunity or to that extent risk should

be constructively taken by the Court in the case of young offenders –

accused before committing such accused to further custody and give

such accused an opportunity to become a good citizen in the Society.

These observations are only in the view of the young age of the

Applicant before me and it is only a means to explore an alternative to

incarceration so that the Applicant can become a good citizen.


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7.    Applicant is incarcerated for 3 months. Hence, in view of my

aforesaid prima facie observations, Bail Application is allowed subject

to the following conditions:-


          (i)   Applicant is directed to be immediately released from

                prison in connection with C.R. No. 214 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

                Kothrud Police Station, Pune, once every month on the

                first Sunday of the month between 10:00 a.m. to 12:00

                p.m.;

          (iv) Applicant shall co-operate with the conduct of trial and

                attend the Trial Court on all dates, unless specifically

                exempted    and    will   not   take   any     unnecessary

                adjournments, if he does so it will entitle the

                prosecution to apply for revocation of this order;

          (v) Applicant shall not leave the State of Maharashtra

                without prior permission of the Trial Court;

          (vi) Applicant shall not influence with any of the witnesses

                or tamper with the evidence in any manner;


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                                (vii) Applicant shall keep the Investigating Officer informed

                                        of his current address and mobile contact number and /

                                        or change of residence or mobile details, if any, from

                                        time to time, as applicable; and

                                (viii)Any infraction of the conditions shall entail cancellation

                                        of bail granted to the Applicant.

           8.        Needless to state that the above observations will not come in

           the way of trial as they are prima facie in nature based on the

           submissions made and the material placed before this Court.


           9.        Bail Application is allowed and disposed of in the above terms.



Amberkar                                                       [ MILIND N. JADHAV, J. ]

                     Digitally signed
                     by RAVINDRA
           RAVINDRA MOHAN
           MOHAN    AMBERKAR
           AMBERKAR Date:
                     2026.09.10
                     15:00:14 +0530




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