11. BA-548-25.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 548 OF 2025 Nilesh Laxman Deshmukh .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Rajendra Bidkar, Advocate for Applicant  Mr. Amit A. Palkar, APP for State ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 21, 2026 P. C. : 1. Heard Mr. Bidkar, learned Advocate for Applicant and Mr. Palkar, learned APP for Respondent - State. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 65 of 2024 registered with Panvel Taluka Police Station for offences punishable under Sections 8(c), 20(b)(ii) and 29 of the Narcotic Drug and Psychotropic Substances Act, 1985 (for short "NDPS Act"). 3. On 19.08.2026, this Court passed the following order:- "1. Heard Mr. Bidkar, learned Advocate for Applicant and Mr. Palkar, learned APP for Respondent - State. 2. Mr. Bidkar has argued the present case on multiple grounds and he would persuade the Court to consider the same accordingly. 3. At the outset, he has stated that the Applicant is in deplorable stage since he is suffering from tuberculosis and has received substantial medical treatment in the J.J. Groups of Hospital and is in fact undergoing the same and is on rehabilitation at present. The latest reports including the latest discharge card dated 02.06.2026 has been placed before the Court and 1 of 5 11. BA-548-25.odt appended to the praecipe while mentioning the matter. Today the same is shown to me and it is so argued and it is prima-facie believable. 4. He would equally argue on the issue of merits and persuade the Court to consider that the contraband substance which was seized was not specifically so stated in the record as defined and contemplated under Section 2(3)(b) of the NDPS Act which is the definition for Ganja. 5. Prima-facie Mr. Bidkar submits appears to be right. He would also argue non-compliance of the provisions of Section 52 of the NDPS Act. 6. He would also persuade the Court that the Applicant is incarceration for more than 2 years and 5 months and the ignominy of the trial not commencing and or concluding would undoubtedly have an adverse effect on his present medical condition. 7. He would also submit that the vehicle in which the said contraband substance was recovered did not belong to him but would be candid enough to submit that he had hired the said vehicle from its owner for hire. 8. In view of the aforesaid submissions made by Mr. Bidkar, I direct the learned APP to immediately file a report from the jail hospital doctor with regard to the present medical status of the Applicant and more specifically in view of the Annexures which are appended to the praecipe dated 11.08.2026. Copy of the same shall be given to the learned APP forthwith who shall place it before the concerned Investigating Officer and the Jail Authority is directed to immediately prepare a report and apprise about the medical condition of the Applicant. 9. List the matter on 21st August, 2026. To be placed under the caption of ‘First on Board'." 4. Pursuant to the above order, learned APP has placed before the Court medical report dated 19.08.2026. The report states that on 19.08.2026 itself he was examined at Sir J.J. Group of Hospitals wherein his entire medical history was recorded. Admittedly Applicant was admitted to Sir J.J. Group of Hospitals for three weeks from 27.05.2026 to 02.06.2026 and has undergone treatment for tuberculosis. Even today as stated in the report, he is suffering from mild cough, diabetic melinites and and his body weight is gradually declining by 7 kgs. per month as stated in the said report. Though the report records as is done in the usual course for such medical reports 2 of 5 11. BA-548-25.odt that the patient is hemodynamically stable and has shown gradual symptomatic improvement, such observation is general in nature and does not by itself provide a comprehensive assessment of the patient’s overall medical condition. Be that as it may, having regard to the discharge card and the post-rehabilitation care required in view of the ailment suffered by the Applicant coupled with his admission to Sir J.J. Group of Hospitals recently, and he having been admitted to the T.B. unit in Jail, I am prima facie inclined to consider the request made by Mr. Bidkar for release of the Applicant on medical grounds. In view of the aforesaid and without expressing any opinion on the merits of the matter, lest it may prejudice the trial, the Applicant is directed to be released on medical bail. 5. Even otherwise, Applicant is in incarceration for more than 2 years and 5 months in the preset offenses which would otherwise have to be considered on merits due to his long incarceration. However, in view of the medical condition which is prima facie seen, Applicant is granted bail on medical ground on following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 65 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 surety of the like amount; 3 of 5 11. BA-548-25.odt (iii) Applicant shall report to the Investigating Officer at Panvel Taluka Police Station, once every month on the first Sunday 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 with any of the witnesses or tamper with the evidence in any manner; (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. 6. Needless to state, the Petitioner shall undergo a medical re- examination at Sir J.J. Group of Hospitals after a period of six months and the report of the said Hospital shall be taken into consideration. 4 of 5 11. BA-548-25.odt The said report shall be furnished to the Investigating Officer. In view thereof, the learned APP shall be at liberty to take appropriate steps for seeking variation, modification or otherwise, of the present order, if so warranted. 7. Needless to state that the above observations will not come in the way of trial as they are prima facie in nature based on the submissions made and the material placed before this Court. 8. Bail Application is allowed and disposed of in the above terms. Amberkar [ MILIND N. JADHAV, J. ] 5 of 5 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.08.21 19:14:15 +0530