Bombay High Court

NILESH LAXMAN DESHMUKHversusSTATE OF MAHARASHTRA

Decided: 21 August 2026
Disposal: Disposed Off

Holding

The Court granted bail on medical grounds, imposing a cash bond, surety and detailed conditions, without prejudice to the trial.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Nilesh Laxman Deshmukh, who was in custody for over two years on charges under Sections 8(c), 20(b)(ii) and 29 of the NDPS Act. The applicant pleaded medical grounds, citing tuberculosis and related health issues, and submitted hospital reports. The State argued issues of the nature of the seized contraband, alleged non‑compliance with Section 52 of the NDPS Act, and the applicant’s use of a hired vehicle. After reviewing the medical report and noting the applicant’s serious health condition, the Court, without addressing the merits of the drug charges, granted bail on medical grounds subject to a cash bond, surety, and strict reporting conditions. The order also required periodic medical re‑examination and left open the possibility of variation or revocation.

Issues considered

Whether bail can be granted on medical grounds under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether the seized substance falls within the definition of 'Ganja' under Section 2(3)(b) of the NDPS Act.
Whether alleged non‑compliance with Section 52 of the NDPS Act affects the grant of bail.
Whether the fact that the vehicle used for the alleged offence was hired, not owned, impacts liability.
Whether the length of incarceration (over two years) warrants consideration for bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii), 2(3)(b), 29, 52, 8(c)

Subjects

bail
medical bail
NDPS Act
tuberculosis
Section 483 BNSS
Section 52 NDPS
contraband definition
vehicle hire
long incarceration

Judgment

11. BA-548-25.odt

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 548 OF 2025

Nilesh Laxman Deshmukh .. Applicant
Versus
State of Maharashtra .. Respondent
....................
 Mr. Rajendra Bidkar, Advocate for Applicant
 Mr. Amit A. Palkar, APP for State
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 21, 2026
P. C.:

1. Heard Mr. Bidkar, learned Advocate for Applicant and Mr. Palkar,

learned APP for Respondent - State.

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

Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 65 of

2024 registered with Panvel Taluka Police Station for offences

punishable under Sections 8(c), 20(b)(ii) and 29 of the Narcotic Drug

and Psychotropic Substances Act, 1985 (for short "NDPS Act").

3. On 19.08.2026, this Court passed the following order:-

"1. Heard Mr. Bidkar, learned Advocate for Applicant and Mr. Palkar,
learned APP for Respondent - State.
2. Mr. Bidkar has argued the present case on multiple grounds and he
would persuade the Court to consider the same accordingly.
3. At the outset, he has stated that the Applicant is in deplorable stage
since he is suffering from tuberculosis and has received substantial medical
treatment in the J.J. Groups of Hospital and is in fact undergoing the same
and is on rehabilitation at present. The latest reports including the latest
discharge card dated 02.06.2026 has been placed before the Court and

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appended to the praecipe while mentioning the matter. Today the same is
shown to me and it is so argued and it is prima-facie believable.
4. He would equally argue on the issue of merits and persuade the
Court to consider that the contraband substance which was seized was not
specifically so stated in the record as defined and contemplated under
Section 2(3)(b) of the NDPS Act which is the definition for Ganja.
5. Prima-facie Mr. Bidkar submits appears to be right. He would also
argue non-compliance of the provisions of Section 52 of the NDPS Act.
6. He would also persuade the Court that the Applicant is incarceration
for more than 2 years and 5 months and the ignominy of the trial not
commencing and or concluding would undoubtedly have an adverse effect
on his present medical condition.
7. He would also submit that the vehicle in which the said contraband
substance was recovered did not belong to him but would be candid enough
to submit that he had hired the said vehicle from its owner for hire.
8. In view of the aforesaid submissions made by Mr. Bidkar, I direct the
learned APP to immediately file a report from the jail hospital doctor with
regard to the present medical status of the Applicant and more specifically
in view of the Annexures which are appended to the praecipe dated
11.08.2026. Copy of the same shall be given to the learned APP forthwith
who shall place it before the concerned Investigating Officer and the Jail
Authority is directed to immediately prepare a report and apprise about the
medical condition of the Applicant.
9. List the matter on 21st August, 2026. To be placed under the caption
of ‘First on Board'."

4. Pursuant to the above order, learned APP has placed before the

Court medical report dated 19.08.2026. The report states that on

19.08.2026 itself he was examined at Sir J.J. Group of Hospitals

wherein his entire medical history was recorded. Admittedly

Applicant was admitted to Sir J.J. Group of Hospitals for three weeks

from 27.05.2026 to 02.06.2026 and has undergone treatment for

tuberculosis. Even today as stated in the report, he is suffering from

mild cough, diabetic melinites and and his body weight is gradually

declining by 7 kgs. per month as stated in the said report. Though the

report records as is done in the usual course for such medical reports

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that the patient is hemodynamically stable and has shown gradual

symptomatic improvement, such observation is general in nature and

does not by itself provide a comprehensive assessment of the patient’s

overall medical condition. Be that as it may, having regard to the

discharge card and the post-rehabilitation care required in view of the

ailment suffered by the Applicant coupled with his admission to Sir

J.J. Group of Hospitals recently, and he having been admitted to the

T.B. unit in Jail, I am prima facie inclined to consider the request made

by Mr. Bidkar for release of the Applicant on medical grounds. In view

of the aforesaid and without expressing any opinion on the merits of

the matter, lest it may prejudice the trial, the Applicant is directed to

be released on medical bail.

5. Even otherwise, Applicant is in incarceration for more than 2

years and 5 months in the preset offenses which would otherwise have

to be considered on merits due to his long incarceration. However, in

view of the medical condition which is prima facie seen, Applicant is

granted bail on medical ground on following conditions:-

(i) Applicant is directed to be immediately released from

prison in connection with Crime No. 65 of 2024;

(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 surety of the like amount;

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(iii) Applicant shall report to the Investigating Officer at

Panvel Taluka Police Station, 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;

(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.

6. Needless to state, the Petitioner shall undergo a medical re-

examination at Sir J.J. Group of Hospitals after a period of six months

and the report of the said Hospital shall be taken into consideration.

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The said report shall be furnished to the Investigating Officer. In view

thereof, the learned APP shall be at liberty to take appropriate steps

for seeking variation, modification or otherwise, of the present order, if

so warranted.

7. 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.

8. 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:
2026.08.21
19:14:15
+0530

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