Bombay High Court
AKARSHAN RAMESH SHRISHRIMALversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that bail should be granted to the applicant under Section 439 of the CrPC, subject to prescribed conditions.
Summary
The applicant, accused as No.3 in an NDPS case, sought bail under Section 439 of the CrPC after being detained for one year and nine months with no trial progress. The prosecution alleged he supplied small quantities of contraband, based on evidence from his mobile phone, and received modest sums from co‑accused. The applicant highlighted his lack of antecedents, his livelihood as a travel‑agency owner, and the serious illness of his four‑year‑old child, arguing that continued detention would cause undue hardship. The court noted the higher culpability of other accused, the prolonged pre‑trial incarceration, and the applicant’s personal circumstances, and therefore decided to grant bail with a cash bond and several conditions. The order expressly limited its observations to bail and did not address the merits of the underlying charges.
Issues considered
- Whether bail can be granted under Section 439 CrPC to an accused of offences under the NDPS Act pending trial.
- Whether the length of pre‑trial detention and the applicant’s family health circumstances justify bail.
- Whether the relative role of the accused compared to co‑accused influences the bail decision.
- Whether the conditions imposed on bail are appropriate and sufficient.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 439
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22(c), 29, 8(c)
Subjects
- bail
- Section 439 CrPC
- NDPS Act
- pre‑trial detention
- medical hardship
- surety
- conditions of bail
- trial delay
Judgment
27.BA.870.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.870 OF 2026
Akarshan Ramesh Shrishrimal .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Himanshu S. Gavit, Advocate for Applicant.
Ms. Gauri S Rao, APP for Respondent.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 08, 2026
P.C.:
1. Heard Mr. Gavit, learned Advocate for Applicant and Ms.
Rao, learned APP for Respondent.
2. This is an Application under Section 439 of Code of Criminal
Procedure, 1973 seeking Bail in connection with C.R. No.412 of 2024
registered with Indira Nagar Police Station for offences punishable
under Sections 8(c), 22(c) and 29, of the Narcotic Drugs and
Psychotropic Substances Act 1985 (for short ‘NDPS Act’).
3. Applicant is arraigned as Accused No.3 in the present crime.
The charge of prosecution qua the Applicant is that he is accused of
providing contraband substances for sale and consumption and in that
regard prosecution has referred to and relied upon a few instances of
Applicant having supplied contraband on the basis of material
unearthed from his mobile phone to the extent of he having received
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Rs.5,000 – Rs.6,000/- and such meager amounts from two of the
accused persons namely Accused Nos.2 and 4 and also subsequently
added Accused No.6.
4. Save and except the aforesaid there is no other charge qua
the Accused persons. Applicant is behind the bars for more than 1 year
9 months pending trial. That itself is a case for consideration. There is
no progress in the trial at all.
5. That apart, Applicant has also placed before Court
substantial material qua the sickness and illness of his four year child
which also requires him to provide medical care and support which is
in today’s time become an expensive proposition.
6. I have perused the details which are placed before the Court.
Considering that two other Accused persons whose role in my opinion
namely Accused Nos.4 and 5 would be on a much higher degree than
Applicant and more specifically when there is no guarantee that trial
would commence and conclude in the near forseeable future,
considering the long incarceration of Applicant for 1 year and 9
months, I am inclined to accept case of Applicant for grant of bail.
There are no antecedents and Applicant is also otherwise running a
travel agency as his livelihood to provide care and support for his
family. Needless to state that Applicant’s complicity will be proven by
the prosecution at the time of trial where all questions are otherwise
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kept open.
7. Considering the aforesaid, Applicant has made out case for
grant of bail. Application is granted on the following terms:-
(i) Applicant is directed to be immediately released from
prison in connection with Crime No. 412 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 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
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;
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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. 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.
9. Bail Application is allowed and disposed of in the above
terms.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.09.08
15:09:30 +0530
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