The Additional Sessions Court, Greater Bombay, granted bail to Rajesh Nanjibhai Parmar, an accused arrested under the provisions of the Maharashtra Prohibition Act, 1949, observing that continued custody would not serve any further purpose as the investigation was substantially complete and the offences alleged were not of a grave nature warranting prolonged detention.
The case arose from an FIR registered by the State Excise Department, Mumbai, wherein the accused was allegedly found in conscious possession of 15 sealed bottles of Scotch whisky without a valid license. According to the prosecution, a raid was conducted on March 15, 2026, near Somaiya College, Mumbai, based on credible information, leading to the seizure of the liquor and the arrest of the applicant.
The applicant approached the Sessions Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail.
Dr. Sujay Kantawala, counsel on behalf of the accused, argued that the accused had been falsely implicated, was a permanent resident, and belonged to a respectable family. He was willing to comply with any conditions imposed by the Court.
On the other hand, the prosecution opposed the bail plea, contending that there existed a prima facie case against the accused, as the seized liquor was recovered at his instance. It was also argued that releasing the accused could result in tampering with evidence or repetition of similar offences.
After examining the case records and submissions, the Court noted that the offences under Sections 65(e) and 108 of the Maharashtra Prohibition Act are triable by a Magistrate and do not entail punishment of death or life imprisonment.
The Court emphasized that the alleged recovery had already been effected and the investigation was nearly complete. It further observed that the nature of possession would ultimately be a matter of trial and not a ground to deny bail at the present stage.
The Court held that the prosecution failed to demonstrate compelling circumstances necessitating continued incarceration. It remarked that keeping the accused in custody would not contribute meaningfully to the prosecution’s case and that the interests of justice could be adequately safeguarded through appropriate conditions.
The Court allowed the bail application and directed the release of the accused on a personal bond of Rs. 15,000 with surety of like amount. The bail was subject to several conditions, including regular attendance before authorities, non-interference with witnesses, participation in trial proceedings, and abstention from any criminal activity during the bail period. Additionally, provisional cash bail of ₹10,000 was granted for six weeks in lieu of surety.
Case Details
Case Title: Rajesh Nanjibhai Parmar Versus The State of Maharashtra
Case No.: Criminal Bail Application No. 873 Of 2026
Date: 25/03/2026
Counsel For Petitioner: Advocate Dr. Sujay Kantawala a/w Adv. Jayesh Bhosale
Counsel For Respondent: APP Abhijit Gondwal
