Bombay High Court
SATYANARAYAN RAMKARAN MALIversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to the conditions specified by the Court.
Summary
The applicant, Satyanarayan Ramkaran Malli, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a criminal case (C.R. No.192 of 2026) alleging offences under the Bharatiya Nyaya Sanhita, the Cigarettes and Other Tobacco Products Act, and the Food Safety and Standards Act. He is accused of dealing in panmasala, gutkha and allied products and has been in jail since 5 August 2026. The applicant argued that similar issues are pending before the Supreme Court in several writ petitions, and that interim relief had been granted in those matters. The Court, noting the pending Supreme Court considerations, granted bail subject to stringent conditions including a personal bond, regular reporting to the investigating officer, and restrictions on travel and witness tampering. The order expressly limited its observations to bail and did not address the merits of the underlying criminal charges.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 pending adjudication of similar issues by the Supreme Court
- Whether the nature of the offences under the Bharatiya Nyaya Sanhita, Tobacco Act and Food Safety Act warrants denial of bail
- Appropriate conditions to be imposed on bail in such cases
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 223, 274, 275
- Cigarettes and Other Tobacco Products Act, 2023 — s. 20(b), 7(2)
- Food Safety and Standards Act, 2006 — s. 26(2)(i), 59
Subjects
- bail
- criminal procedure
- pending Supreme Court jurisdiction
- tobacco products
- food safety
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
23.BA.3598.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3598 OF 2026
Satyanarayan Ramkaran Malli .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Rajesh More, Advocate for Applicant.
Ms. Rajeshree V. Newton, APP for Respondent.
API – Mudassar Patel, Khadki Police Station, Pune City.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 23, 2026
P.C.:
1. Heard Mr. More, learned Advocate for Applicant and Ms.
Newton, learned APP for Respondent.
2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.
No.192 of 2026 registered with Khadki Police Station for offences
punishable under Sections 123, 223, 274, 275 of the Bharatiya Nyaya
Sanhita, 2023; Sections 7(2) and 20(b) of Cigarettes and Other
Tobacco Products Act, 2023 and Sections 26(2)(i), 26(2)(i) and 59 of
the Food Safety and Standards Act, 2006.
3. Mr. More would submit that the issue involved in the
present Application is pending for consideration before the Hon’ble
Supreme Court. He further submits that similar issues are involved in
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23.BA.3598.2026.doc
Criminal Writ Petition Nos. 280 of 2025, 3444 of 2025 and 4078 of
2025. He refers to the orders passed in the above said Petitions,
wherein this Court has admitted the same and granted interim
reliefs. Applicant is indicted for dealing with and in possession of
panmasala, gutkha and allied products. He is in jain since 05.08.2026.
He seeks bail in the present Application.
4. Hence, in view of the above order, Applicant has made out
case for grant of bail subject to following conditions:-
(i) Applicant is directed to be immediately released from
prison in connection with Crime No. 192 of 2026;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 10,000/- (Rs. Ten Thousand
only) with one or two surety / sureties of the like
amount;
(iii) Applicant shall report to the Investigating Officer at the
concerned Police Station, once every month on the first
Monday 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
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23.BA.3598.2026.doc
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 any of the witnesses or
tamper with the evidence in any manner;
(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.
5. 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.
6. Bail Application is allowed and disposed of in the above
terms.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
by HARSHADA
HARSHADA HANUMANT
SAWANT
HANUMANT Date:
SAWANT 2026.09.23
19:34:09
+0530
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