Chetan Hariraji Purohit v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1859 OF 2025 Mr. Chetan Hariraji Purohit ...Applicant

Versus

The State of Maharashtra

...Respondent

__________ Mr. Ali Kaashif Khan Deshmukh a/w Ms. Snigdha Khandelwal and Mr. Md. Farid Shaikh, learned Advocates for the Applicant. Mr. Amit A. Palkar, learned A.P.P. for the State/Respondent. __________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

5th AUGUST 2025.

P.C. :

1.

Heard Mr. Ali Kaashif Khan Deshmukh, learned Advocate for the Applicant and Mr. Amit Palkar, learned A.P.P. for the State/Respondent.

2.

By the present Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short), the Applicant is before this Court seeking regular bail in connection with Crime No. 49 of 2022 registered with Chakan Police Station, Pimpri-Chinchwad, Pune for the offences punishable under Sections 8(c), 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act" for short). 3.

Mr. Amit Palkar, learned A.P.P. for the State/Respondent points out to the order dated 28th February 2024 passed by this

Court in Criminal Bail Application No. 3234 of 2022 rejecting the Bail Application filed by the Applicant. He points out to page no. 344 of the paper-book, to submit that though the order dated 28th February 2024 was challenged before the Hon'ble Supreme Court in Special Leave to Appeal (Cri.) No. 5909 of 2024, however the said Appeal was withdrawn. He submits that after the order passed by the Hon'ble Supreme Court, the Applicant has directly approached this Court. He submits that in the event the Applicant has any grounds to urge in respect of his bail, the Applicant would be required to file a fresh Bail Application before Trial Court at the first instance, more so in view of the rejection of earlier Applications for bail.

4.

In view of the above objections raised by Mr. Amit Palkar, learned A.P.P., Mr. Ali Deshmukh, learned Advocate for the Applicant on instructions from the Applicant craves leave to withdraw the present Bail Application to file a fresh Bail Application before the Sessions Court at Khed-Rajgurunagar, District-Pune. He submits that considering that the present matter is a direction matter, this Court to consider giving direction to the Sessions Court to dispose of the Bail Application, proposed to be filed by the Applicant within a stipulated time. He submits that a fresh Bail Application would be filed before the Sessions Court at Khed-Rajgurunagar, District-Pune within 4 days from today. 5.

Mr. Amit Palkar, learned A.P.P. for the State/Respondent does not object to the said recourse suggested by Mr. Ali Deshmukh, learned Advocate for the Applicant, more so in view of the order dated 15th May 2024 passed by the Hon'ble Supreme Court in

Special Leave to Appeal (Cri.) No. 5909 of 2024. 6.

In view of the above, leave granted to the Applicant to withdraw the present Bail Application with liberty to file a fresh Bail Application before the learned Sessions Court at KhedRajgurunagar, District-Pune. If such an Application is filed by the Applicant within a period of 4 days from today, learned Sessions Court is requested to make an endevour to dispose of said Application expeditiously and at any rate within a period of 2 weeks from the first date of hearing in the said Application. 7.

Criminal Bail Application No. 1859 of 2025 is disposed of in the abovesaid terms.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.08.05 21:00:00 +0530 GITALAXMI KRISHNA KOTAWADEKAR