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
- Arms Act, 1959 — s. 3(25)
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 113(3), 3(5)
- Maharashtra Police Act, 1951 — s. 135, 37(1)
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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