Bombay High Court

SHAILESH CHANDU SATHALIAversusTHE STATE OF GOA THR THE POLICE INSPECTOR AND ANR

Disposal: Allowed

Holding

The court disposed of the application, allowing the applicant to seek pre‑arrest bail if the investigation is reopened and mandating a 48‑hour notice before any arrest.

Summary

The applicant, Shailesh Chandu Sathalia, sought pre‑arrest bail for an alleged assault under Section 118(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR was lodged based on a complaint that he and an accomplice assaulted a person with a bottle and knife on 24 May 2026. A lower court dismissed his bail application, and the public prosecutor argued that the investigation was incomplete and a final report under Section 193 BNSS 2023 was pending. The applicant filed an affidavit confirming his residence in Goa and authorising service of notice at his Mumbai address. The High Court granted him liberty to move for pre‑arrest bail if the investigation is reopened, directing that the investigating officer must give a 48‑hour advance notice before arrest, and disposed of the present application.

Issues considered

Whether pre‑arrest bail can be granted pending the completion of the investigation under the Bharatiya Nyaya Sanhita, 2023.
Whether the investigating officer must provide advance notice before arresting the applicant.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 118(1), 193, 3(5)

Subjects

pre‑arrest bail
criminal procedure
investigation
notice before arrest
Bharatiya Nyaya Sanhita
Section 118
Section 193
Goa High Court

Judgment

2026:BHC-GOA:1846
                                      906-CRMAB 34-26.DOCX


                Amrut

                        IN THE HIGH COURT OF BOMBAY AT GOA

                    CRIMINAL APPLICATION (BAIL) NO.34 OF 2026

                Shailesh Chandu Sathalia,
                Age 25 years, Indian National,
                r/o Room No.14, Masjid Siding Road
                Opp. Cheda Bhavan, Dna Bunder, Chinh
                Bunder, Mumbai, Maharashtra, 400009                ... Applicant
                                     Versus
                The State of Goa, through the Police Inspector
                and Anr.                                       …Respondents

                Mr Vibhav Amonkar, Advocate for the Applicant.

                Mr S. G. Bhobe, Public Prosecutor for the State.


                               CORAM:          S. G. CHAPALGAONKAR, J.

                               DATED:          11th SEPTEMBER 2026

                P.C.:


                1.      Applicant seeks pre-arrest bail in connection with Crime
                No.81/2026 registered with the Calangute Police Station, for
                offence punishable under Section 118(1) read with Section 3(5) of
                Bharatiya Nyaya Sanhita, 2023.

                2.      The investigation was set on motion on the basis of
                information given by Mr Milton D’Souza, son of Joocky D’Souza
                alleging that on 24th May 2026, at around 5.00 hours, Applicant
                and his companion accused person with common intention,
                                               Page 1 of 3
                                            11th September 2026
                       906-CRMAB 34-26.DOCX



assaulted him with a beer bottle and small knife, causing him simple
bleeding injuries. The aforesaid information culminated in the
registration of FIR.

3.    Applicant moved application for pre-arrest bail before the
District and Sessions Judge, Mapusa Goa, which came to be
dismissed. Hence, this application.

4.    Mr S. G. Bhobe, learned Public Prosecutor for State, has filed
reply which states that since the accused persons involved in present
crime were not traced and since the period of 60 days of registration
of offence was getting over, the final investigation report under
Section 193 of BNSS 2023, has been submitted to Judicial
Magistrate First Class, Mapusa Goa, with a prayer to grant ‘A’
Summary which is pending before the Court.

5.    In light of the aforesaid backdrop, Applicant has filed an
affidavit before this Court stating that he is residing in Goa along
with his sister Ms Sofia Lalsab Nadaf at Ganganagar, Khorlim,
Mapusa Bardez Goa, 403 507 and address provided by him in bail
application is his registered address in Mumbai, Maharashtra, where
he used to reside with his family. He has provided mobile number
and affirmed that any service of notice on the aforementioned
address either to him, his sister, or her husband, shall be deemed to
be valid service on him. Affidavit dated 9th September 2026 filed by
Applicant is taken on record and marked Exhibit ‘X’.


                               Page 2 of 3
                            11th September 2026
                                                  906-CRMAB 34-26.DOCX



                             6.    In light of aforesaid circumstances, application stands
                             disposed of with liberty in favour of Applicant to move for pre-
                             arrest bail in case the investigation is reopened by order of the
                             Magistrate. In that case, the Investigating Officer shall not arrest
                             Applicant without giving advance notice of 48 hours.

                             7.    Application stands disposed of.



                                                            S. G. CHAPALGAONKAR, J.




                                                            Page 3 of 3
                                                         11th September 2026


Signed by: TARI AMRUT NAGESH
Designation: Private Secretary
Date: 12/09/2026 12:58:12

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