SUMER JAIRAMJI BISHNOIversusSTATE OF MAHARASHTRA

                                                                           9. BA 3763-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                       BAIL APPLICATION NO. 3763 OF 2026

                      Sumer Jairamji Bishnoi                          .Applicant

                                 Vs.

                      The State of Maharashtra                        .Respondent

ANAND                 Mr. Ali Kaashif Khan Deshmukh a/w. Ms. Snigdha Khandelwal,
SUDHAKAR
SUDAME                Mr. Abrar Burondkar & Mr. Mohammad Farid, Advocates, for the
Digitally signed by   Applicant
ANAND SUDHAKAR
SUDAME
Date: 2026.10.07
                      Ms. Anuja S. Gotad, APP, for the Respondent – State
20:49:19 +0530


                                         CORAM : MILIND N. JADHAV, J.

                                         DATE     : 07.10.2026
                      P. C.

                      1.      Heard Mr. Deshmukh, learned Counsel for the Applicant and

                      Ms. Gotad, learned APP for the Respondent – State.

                      2.      This Application is filed under Section 483 of the Bhartiya

                      Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with

                      C.R.No. 841 of 2023 registered with Kondhwa Police Station, Pune for

                      offences punishable under Sections 8(c), 17(c) and 29 of the Narcotic

                      Drugs and Psychotropic Substances Act, 1985 (for short “NDPS”).

                      3.      The Applicant is indicted in an NDPS offence for having been

                      apprehended with the alleged contraband 2.7 Kg of Opium. The

                      principle submission advanced by Mr. Deshmukh is on the basis that


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the C. R. /FIR No. mentioned on the sealed envelope during the seizure

panchanama is the same as being recorded subsequently which prima

facie raises a serious doubt. There is also discrepancy with regard to

the time of arrest of the Applicant. However, the reason which impels

me to consider the present Application for bail is the prolonged

incarceration of the Applicant for the past more than three years and

two months pending trial.

4.      Ms. Gotad, learned Prosecutor would however argue that the

charge has been framed and therefore, the trial is imminent. However,

the possibility of the trial being commencing or for that matter

concluding in the near foreseeable future being bleak, I am inclined to

consider the case of the Applicant for grant of bail. Though the rigors

of Section 37 would otherwise apply in the present case, however, the

same could not preclude the Court from considering the long

incarceration of the Applicant. The other two co-accused persons have

already been enlarged on bail by this Court vide order dated

25.08.2026 and the trial Court vide order dated 07.03.2024. In view of

the above, the Applicant has made out a case for grant of bail.

5.      Hence, in view of above prima facie observations and finding,

Bail Application of Applicant is allowed subject to the following terms

and conditions:-


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        (i)   Applicant – Sumer Jairamji Bishnoi is directed to be

              immediately released from prison in connection with

              CR. No. 841 of 2023;


        (ii) Applicant is directed to be released on bail on furnishing

              P. R. Bond of Rs.50,000/- (Rs. Fifty Thousand only) with

              one surety of the like amount;


        (iii) Applicant shall report to the Investigating Officer at

              Kondhwa Police Station, Pune, once every month, on the

              first Monday 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 co-operate 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;

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           (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


           (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 herein

above in this order.


7.      Bail Application is allowed and disposed in the above terms.




                                                  (MILIND N. JADHAV, J.)




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