1 41-ABA-394-2026 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 394 OF 2026 Suraj Jagannath Sawant …...Applicant VERSUS The State Of Maharashtra And Ors. …...Respondents _________________________________________________________________ Mr. Siddharth Shitole, for the Applicant. Ms. Shubhangi N. Deshmukh, APP, for Respondent Nos.1 and 3 - State. PSI, Mr. Azharuddin Shaikh, Pusegav Police Station, present. _________________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 1st SEPTEMBER, 2026. P.C. 1. Heard Mr. Siddharth Shitole, learned Advocate for the Applicant and Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent Nos.1 and 3 – State. 2. By the present Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the Applicant is seeking pre-arrest bail, apprehending arrest in connection with Crime No.21 of 2026, dated 27/01/2026, registered with Pusegaon Police Station, District Satara, for the offences punishable under Sections 26(2) (i), 26(2)(iv), 27(3)(e), 30(2)(a) and 59 of the Food Safety and Standards Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.01 20:14:11 +0530 2 41-ABA-394-2026 (CR).DOC Act, 2006 and Sections 123, 223, 274, 275 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 3. The main offence in the FIR is under Section 123 of the BNS, which deals with causing hurt by means of poison, etc., with intent to commit an offence. 4. Mr. Siddharth Shitole, learned Advocate for the Applicant submits that the allegations against the Applicant (Accused No.2) in Crime No.21 of 2026 are that he had supplied the banned item/prohibited tobacco products, in the State of Maharashtra. He submits that the total value of the seized articles is Rs.15,30,290/-. 5. The question of whether an offence under Section 123 of the BNS can be registered in such cases is pending before the Hon’ble Supreme Court in the case of Anand Ramdhani Chaurasia Vs. State of Maharashtra1 and other connected matters. Considering the pendency of the question before the Hon’ble Supreme Court, this Court has granted Anticipatory Bail as well as Regular Bail to the Accused charged with the offence under Section 123 of the BNS. 6. Mr. Siddharth Shitole, learned Advocate for the Applicant, relies on the decisions in the case of Rashid Rukmuddin and Another Vs. The 1 2019 SCC OnLine Bom 1857 Shantanu S. Dhudum 3 41-ABA-394-2026 (CR).DOC state of Maharashtra2, Tushar B. Bhamare Vs. The State of Maharashtra3, Ahefaz Iqbal Memon alias Menon Vs. The State of Maharashtra4, Dipak Maharajsing Yadav Vs. The State of Maharashtra5 and Karan Ramabhai @ Karamshibhai Hamabhai Jograna and Another Vs. The State of Maharashtra6, wherein Accused charged with the offence under Section 123 of the BNS were released on bail. 7. Ms. Shubhangi N. Deshmukh, learned A.P.P. for the Respondent Nos.1 and 3 – State, submits that the contraband (Pan Masala and Tobacco), involved in the present crime is harmful to society. She, however, does not contest the contention urged by Mr. Siddharth Shitole, learned Advocate for the Applicant, that the issue regarding the applicability of Section 123 of the BNS is pending for consideration before the Hon’ble Supreme Court. 8. In view of the above, this Application is allowed on the following conditions: (a) In the event of arrest of the Applicant - Suraj Jagannath Sawant, in connection with Crime No.21 of 2026, dated 27/01/2026, registered with Pusegaon Police Station, District Satara, for the offences punishable under Sections 2 Criminal Bail Application No.403 of 2023 decided on 6th February, 2023. 3 Criminal Bail Application No.579 of 2025 decided on 26th February, 2025. 4 Criminal Bail Application No.1463 of 2022 decided on 16th January, 2023. 5 Criminal Bail Application No.45 of 2024 decided on 1st February, 2024. 6 Criminal Bail Application No.273 of 2024 decided on 8th March, 2024. Shantanu S. Dhudum 4 41-ABA-394-2026 (CR).DOC 26(2)(i), 26(2)(iv), 27(3)(e), 30(2)(a) and 59 of the Food Safety and Standards Act, 2006 and Sections 123, 223, 274, 275 read with 3(5) of the BNS, the Applicant shall be released on bail on furnishing a P.R. Bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one or two sureties in the like amount, to the satisfaction of the Investigating Officer, Pusegaon Police Station, District Satara. (b) The Applicant shall report to the Investigating Officer, Pusegaon Police Station, District Satara, on 3rd Monday of each month between 11:00 a.m. to 12:00 noon commencing from 7th September, 2026. In the event, the Applicant is required by the Investigating Officer, Pusegaon Police Station, District Satara, on any other day, the Applicant shall ensure his presence before the Investigating Officer. (c) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person/s acquainted with the facts of the case to dissuade such person/s from disclosing the facts to the Court or any police officer. (d) The Applicant shall not tamper with the evidence in any manner. (e) The Applicant shall cooperate with the Investigating Officer in the process of investigation of the present Crime. Shantanu S. Dhudum 5 41-ABA-394-2026 (CR).DOC (f) The Applicant shall not indulge in a similar offence. 9. Criminal Anticipatory Bail Application No.394 of 2026 disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum