Dineshkumar Javantaram Bishnoi v. State Of Maharashtra

(P.A.) 902_BA_1948_2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1948 OF 2024 Dineshkumar Javantaram Bishnoi ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Ayaz Khan a/w Mr. Dilip Mishra, Ms. Zehra Charania and Ms. Mallika Sharma, for the Applicant.

Mr. Mayur Sonavane, APP for the Respondent - State. API - Mithun Mhatre a/w PSI - Waigankar, Tulinj Police Station, present.

CORAM

DR. NEELA GOKHALE, J.

DATED:

09TH JANUARY 2026 PC:- 1.

By this Application, the Applicant seeks his enlargement on bail in connection with C.R. No. 617 of 2023 dated 28th August, 2023, registered with the Tulinj Police Station, for the offences punishable under Sections 8(c), 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS').

(P.A.) 902_BA_1948_2024.doc 2.

The brief facts of the case are that on 28th August, 2024, secret information was received by the officials of the Tulinj Police Station that one, Prakash Bhadu is selling MD drugs from his house at Room No. 302, Datta Ashirwad Building, Central Park and today 4 to 5 persons from Rajasthan have come to buy drugs from him. After following the due procedure prescribed under the NDPS Act, said persons were apprehended and searched. Upon search, 59 grams of Mephedrone was recovered from the present Applicant. Pursuant to the registration of FIR, the Applicant was arrested on 29th August, 2023.

3.

The Applicant made an application seeking bail before the Additional Sessions Judge, Vasai, however, 21st February, 2024, the said application was rejected. Hence, the Applicant has filed the present Bail Application for the reliefs as prayed.

4.

Mr. Khan, learned counsel for the Applicant, at the very outset, submits that although a commercial quantity of

(P.A.) 902_BA_1948_2024.doc contraband, weighing 59 grams, was recovered from the present Applicant, the said weight is along with the plastic pouch. He submits that the Applicant has suffered incarceration of more than 2 years and 4 months. He submits that even the charges have not been framed till date and it is unlikely that the trial will conclude in the near foreseeable future. He has also raised various other grounds that compliances under the NDPS Act are not done. He thus, prays that the Applicant be released on bail.

5.

Mr. Sonavane, learned APP, submits that the offence is serious as commercial quantity of Mephedrone was recovered from the present Applicant. He, on instructions, submits that the charges have not been framed as yet. There are no criminal antecedents against the present Applicant. 6.

The Applicant has suffered incarceration of more than 2 years and 4 months without the trial being commenced. The Supreme Court in the case of Ankur

(P.A.) 902_BA_1948_2024.doc Chaudhary v. State of Madhya Pradesh1 has observed that failure to conclude the trial within a reasonable time resulting in prolonged incarceration militates against the precious fundamental right guaranteed under Article 21 of the Constitution of India, and as such, conditional liberty overriding the statutory embargo created under Section 37(1) (b) of the NDPS Act may, in such circumstances, be considered.

7.

Considering that the Applicant has suffered incarceration of 2 years and 4 months without the trial being commenced, and that there are no criminal antecedents against the Applicant, and in view of the aforesaid decision of the Supreme Court, I am inclined to enlarge the Applicant on bail. It is accordingly ordered as under:-

ORDER

i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.50,000/ with one or two local sureties in the like amount; Special Leave to Appeal (Crl.) No.4648 of 2024 decided on 28th May, 2024.

(P.A.) 902_BA_1948_2024.doc ii) The Applicant shall attend the Trial Court concerned on each and every date unless exempted by the orders of the Trial Court concerned;

iii) The Applicant shall also attend the Police Station concerned once in a month between 11:00 a.m. to 02:00 p.m., till the charges are framed; iv) If the Applicant has not deposited his passport, if any, the Applicant shall deposit the same with the Police Station concerned;

v) The Applicant shall not leave India, without the permission of the Trial Court;

vi) Since the Applicant is a permanent resident of Rajasthan, he shall not leave the State of Maharashtra without the permission of the Trial Court, till the conclusion of the trial;

vii) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

(P.A.) 902_BA_1948_2024.doc viii) The Applicant shall inform his latest place of residence and contact number immediately after being released and / or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the Police Station concerned;

ix) The Applicant to co-operate with the conduct of the trial;

x) Any infraction of the aforesaid conditions shall entail cancellation of bail.

8.

Application is allowed in the above terms and is accordingly disposed of.

9.

It is made clear that the observations made herein are prima facie and are confined to this Application and the learned Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein. (DR. NEELA GOKHALE, J)