[Cites 6, Cited by 0]
Bombay High Court
Sunil Biraram Bishnoi vs State Of Maharashtra on 29 January, 2026
2026:BHC-AS:4508
Prasad Rajput
(P.A.) 1_BA_285_2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.285 OF 2026
Sunil Biraram Bishnoi ...Applicant
Versus
State of Maharashtra ...Respondent
Ms. Mallika Sharma i/by Mr. Ayaz Khan, for the Applicant.
Mr. Mayur S. Sonavane, APP for the Respondent - State.
PSI - Rahul Phad, Tulinj Police Station, Dist. Palghar, present.
CORAM DR. NEELA GOKHALE, J.
DATED: 29TH 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').
2. The brief facts of the case are that on 28 th August,
2024, secret information was received by the officials of the
Tulinj Police Station that one, Prakash Bhadu is selling MD
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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, 55
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, 21 st
February, 2024, the said application was rejected. Hence, the
Applicant has filed the present Bail Application for the reliefs
as prayed.
4. Ms. Sharma, learned counsel for the Applicant, at
the very outset, submits that although a commercial quantity
of contraband, weighing 55 grams, was recovered from the
present Applicant, the said weight is along with the plastic
pouch. He submits that the Applicant has suffered
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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 are framed on 6 th January, 2026,
however, the recording of evidence has not yet commenced.
The trial is unlikely to conclude in the near foreseeable future.
There are no criminal antecedents against the present
Applicant.
6. The Applicant has suffered incarceration of more
than 2 years and 5 months without the trial being
commenced. The Supreme Court in the case of Ankur
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Chaudhary v. State of Madhya Pradesh 1 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 5 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;
1 Special Leave to Appeal (Crl.) No.4648 of 2024 decided on 28 th May, 2024.
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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;
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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)
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