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2026 DAILYLAW 7692 (BOM)

NISHANT RAMESH SATPUTE v. THE STATE OF MAHARASHTRA

BA/3442/2026 · 2026-09-09

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18. BA-3442-2026.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3442 OF 2026 Nishant Ramesh Satpute .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Vipul Dushing a/w Mr. Tanmay T. Kate & Mr. Ashraf Kazi, Advocates for Applicant  Ms. Sangeeta E. Phad, APP for State  Mr. Sudhir Gule, API, Kothrud Police Station, Pune ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 9, 2026 P. C. : 1. Heard Mr. Dushing, learned Advocate for Applicant and Ms. Phad, learned APP for State. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 214/2026 registered with Kothrud Police Station, Pune City for offence punishable under Section 3(25) of the Arms Act, 1959; under Section 113(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS") and under Section 37(1) and 135 of the Maharashtra Police Act, 1951. 3. Applicant is first-time offender, having been apprehended with one country pistol and three live cartridges, which according to the Applicant and his friend, they had purchased the same in order to 1 of 5 18. BA-3442-2026.odt show themselves in better light. The offense for which the Applicant is charged is for unauthorized possession of weapons under the Arms Act. It is not the case of the prosecution that the Applicant had shown the said weapon to anybody or threatened anybody. Be that as it may, considering the age of the Applicant being 23 years, he being a young offender, and the fact that he has no antecedents impels me to consider the Applicant's case for grant of bail, so that every chance or rather semblance of a chance should be taken by the Court to consider a reformative approach in so far as a first-time offender and a young offender is concerned. 4. Considering Applicant’s age, if he is enlarged on bail Court is hopeful that his family will undoubtedly do their duty to make every effort and attempt to reform and aid the Applicant in leading a reformed life while on bail rather than keep him in prison and expose him to criminal outlook and life in prison. However on the flip side, if a chance is given to the Applicant because of his young age by enlarging him on bail, there is a possibility that he will be remorseful and repent in retrospect. This is a chance required to be taken by the Court because punishment has to be believed to be inflicted for a reformative result rather than being punitive in nature. 5. Undoubtedly the trial will determine the complicity of Applicant in the offence. While considering Bail Application in such facts, Court 2 of 5 18. BA-3442-2026.odt feels that reform and rehabilitation of the under trial accused needs to be considered especially when age of the accused person is young so that he gets an opportunity / or is given an opportunity to reform, rehabilitate and earn his livelihood honorably from the perspective of social integration. This is a chance which the Court must take considering the young age of accused person. The age of the Applicant is very young. If the Applicant is incarcerated in prison further, there is every possibility that he might lose faith in the institution and society at large and may tread the path of criminality or would waste his life. Incarceration in prison exposes many youth to abuse as is shown statistically. 6. There are several harms of incarceration which are inflicted disproportionately on the youth. This is the reason why Court feels that any / every semblance of a chance towards a reformative approach in punishment should be adopted, especially in the case of young offenders. Hence every opportunity or to that extent risk should be constructively taken by the Court in the case of young offenders – accused before committing such accused to further custody and give such accused an opportunity to become a good citizen in the Society. These observations are only in the view of the young age of the Applicant before me and it is only a means to explore an alternative to incarceration so that the Applicant can become a good citizen. 3 of 5 18. BA-3442-2026.odt 7. Applicant is incarcerated for 3 months. Hence, in view of my aforesaid prima facie observations, Bail Application is allowed subject to the following conditions:- (i) Applicant is directed to be immediately released from prison in connection with C.R. No. 214 of 2026; (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 or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Kothrud Police Station, Pune, 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; 4 of 5 18. BA-3442-2026.odt (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. 8. 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. 9. 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: 2026.09.10 15:00:14 +0530