Bombay High Court
SADHU HULRAM MANEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that bail should be granted subject to strict conditions.
Summary
The applicant, Sadhu Hulram Mane, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a case involving alleged illegal LPG cylinder refilling that attracted charges under Sections 287 read with 288 of the Bharatiya Nyaya Sanhita, 2023, Sections 3 and 7 of the Essential Commodities Act, 1955, and Section 5 of the Explosive Substance Act, 1908. The prosecution argued that the refilling operation was dangerous and that the applicant might tamper with evidence. The court noted that the refilling equipment had already been seized, the applicant’s livelihood depended on the business, and he had deep roots in the community, concluding that further custodial interrogation was unnecessary. Relying on these prima facie observations, the court granted bail with a cash bond and a series of reporting and conduct conditions. The order expressly limited its observations to bail considerations and left the trial to be decided on the merits of the evidence.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seriousness of the offences alleged.
- Whether the seizure of the refilling equipment and the applicant's community ties eliminate the risk of evidence tampering sufficient to justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 287, 288
- Essential Commodities Act, 1955 — s. 3, 7
- Explosive Substance Act, 1908 — s. 5
Subjects
- bail
- LPG cylinder refilling
- essential commodities
- explosive substances
- prima facie
- evidence tampering
- criminal procedure
Judgment
5.BA.3728.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3728 OF 2026
Sadhu Hulram Mane .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Prashant Mohite a/w. Ms. Divya Jagdale, Advocates for
Applicant.
Mr. Yogesh M. Nakhwa, APP for Respondent.
...................
CORAM : MILIND N. JADHAV, J.
DATE : OCTOBER 05, 2026
P.C.:
1. Heard Mr. Mohite, learned Advocate for Applicant and Mr.
Nakhwa, 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.535 of 2026 registered with Chikhali Police Station for offences
punishable under Sections 287 read with 288 of the Bharatiya Nyaya
Sanhita, 2023; Sections 3 and 7 of the Essential Commodities Act,
1955 and Section 5 of the Explosive Substance Act, 1908.
3. Case of the prosecution is that Applicant was refilling the
LPG cylinders by employing a transfer circuit in the establishment
called ‘Mahalaxmi General Stores and Stationery’ in Jadhavwadi area
of Pune. According to the prosecution, the said operation of transfer of
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LPG gas from a larger cylinder to a smaller cylinder was dangerous and
therefore Applicant has been apprehended.
4. Applicant is running the establishment which is a source and
means of his livelihood. The refilling circuit and all other material has
already been seized by the prosecution and therefore there is no
possibility of Applicant tampering or destroying any evidence.
Applicant is having deep roots in society and is a permanent resident of
the area and has been residing over there since long. In that view of
the matter and considering the aforesaid prima facie material, further
custodial interrogation of Applicant is not necessary in my opinion. The
Applicant is therefore granted bail.
5. 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 – Sadhu Hulram Mane is directed to be
immediately released from prison in connection with
CR. No.535 of 2026;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs.15,000/- (Rs. Fifteen
Thousand only) with one or two sureties in the like
amount;
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5.BA.3728.2026.doc
(iii) Applicant shall report to the Investigating Officer at
Chikhali Police Station, 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) Applicant shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
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
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5.BA.3728.2026.doc
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
6. 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.
7. 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: 2026.10.05
14:59:48 +0530
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