18.BA.3293.2026.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3293 OF 2026 Sufiyan Abdul Manan Khan .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Ayaz Khan a/w. Ms. Zehra Charania and Ms. Mallika Sharma, Advocates for Applicant.  Ms. Sangeeta E. Phad, APP for Respondent.  PSI – Gacche, Dighi Sagri Police Station, Raigad. ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 31, 2026 P.C. : 1. Heard Mr. Khan, learned Advocate for Applicant and Ms. Phad, learned APP for Respondent. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.17 of 2024 registered with Dighi Sagari Police Station for offences punishable under Sections 8(c), 20(b)(ii)(c), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). 3. The Applicant was indicted in the NDPS offense when contraband was recovered from his person in a total quantity of 2.140 kg of charas in two different packets. The Applicant was arrested on 22.02.2024 and has been in custody for past more than 2.5 years. Charges have been framed. 1 of 4 18.BA.3293.2026.doc 4. Though initially, Mr. Khan argued the matter on the previous date and apprised the Court that despite the charge-sheet been filed, the CA Report has not been annexed thereto or filed along therewith. 5. On inquiry with the prosecution, Ms. Phad in her usual fair mindedness informs the Court that the CA Report has been received but has not been filed with the charge-sheet since it was received subsequently. 6. Mr. Khan would persuade me to consider the decision of the Supreme Court in the case of Jabir Kha Vs. State of Madhya Pradesh1, wherein prosecution's conduct has been deemed peculiar and unfair for not having filed the CA Report / FSL Report with respect of the alleged contraband alongwith the charge sheet primarily, with a view to defeat the right of the Accused person to get statutory bail. 7. It is neither the prosecution's case that supplementary charge-sheet has been subsequently filed alongwith the CA report. The aforesaid decision of the Supreme Court prima facie covers the case made out by Mr. Khan for grant of bail. 8. That apart, though Mr. Khan has persuaded me to consider the issue on merits for non-compliance of the provisions of Section 42 of the NDPS Act, I would refrain myself from doing so primarily because since charge-sheet is filed and if any observation is made by 1 Criminal Appeal No. 2088 of 2025, arising out of SLP Criminal No. 2933 of 2025 decided on 21.04.2025. 2 of 4 18.BA.3293.2026.doc this Court, it will prima facie affect the prosecution's case otherwise. 9. In view of the above prima facie observations and findings, the Applicant has made out a case for grant of bail. He is granted bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 17 of 2024; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 50,000/- (Rs. Fifty Thousand only) with one surety of the like amount; (iii) Applicant shall report to the Investigating Officer at the concerned Police Station, once every month on the first Monday 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; 3 of 4 18.BA.3293.2026.doc (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. 10. It is clarified that the observations made in this order are limited for the purpose of granting Bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 11. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.08.31 15:26:55 +0530