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Judgment
Heard learned senior counsel for the petitioner at considerable length.
Issue notice.
Mr. Aaditya Aniruddha Pande, AOR and Mr. Chritarth Palli, AOR accept notice on behalf of respondent nos.1 and 2, respectively.
The petitioner was released on regular bail by the Sessions Court in FIR No.1102 dated 19.11.2025 registered at Police Station Amboli, Mumbai under Sections 74, 79, 89, 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (in short, the "BNS"). The Trial Court released the petitioner on bail on the grounds of (i) non-compliance of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, the "BNSS"); and (ii) non-compliance of Section 48 of the BNSS.
The High Court in an appeal preferred by the victim, has examined both the grounds elaborately.
In our considered opinion, the conclusions drawn by the High Court are legally correct, and as such, the impugned order judgment does not warrant any interference. The Sessions Court committed a patent error in entertaining these grounds and allowing the bail application of the petitioner.
However, we find that the High Court has noticed and rightly so that the petitioner's prayer for bail on merits was not considered by the Sessions Court.
That being so, we dispose of this special leave petition with the following directions:
(i) The petitioner, if so advised, may surrender within one week, as directed by the High Court.
(ii) Thereafter, he may apply for his release on bail on merits before the Sessions Court. Such an application shall be considered as per its own merits without being influenced by the impugned judgment of the High Court or the fact that we have declined to entertain the instant special leave petition.
(iii) The Sessions Court is directed to decide the bail application expeditiously and preferably within one week.
All pending applications, if any, also stand disposed of.