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Bombay High Court

RAMDAS JAGGANATH INGALEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court granted bail on medical grounds, finding that the applicant’s advanced age and serious health conditions warranted release with conditions.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Ramdas Jagganath Ingale, who was charged under Sections 103, 11(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for alleged murder arising from a property dispute. The applicant, a 65‑year‑old with multiple serious ailments including chronic kidney disease, severe anemia, hypertension and cardiac issues, sought enlargement of bail on medical grounds. The State argued that the prison hospital could adequately treat him, while the court examined extensive medical records showing repeated hospitalisations and a precarious health condition. Citing a recent Punjab and Haryana High Court decision emphasizing sympathy for elderly infirm prisoners, the court held that continued detention would jeopardise the applicant’s health. Consequently, the court granted bail on medical grounds with strict conditions and directed monitoring by the investigating officer.

Issues considered

  • Whether bail should be granted to an accused of serious offences on the basis of advanced age and serious medical conditions under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the medical facilities available in prison are sufficient to treat the accused’s ailments, thereby negating the need for bail.
  • Whether the accused poses a flight risk, tampering risk, or threat to public safety that would outweigh his health considerations.

Legislation cited

Subjects

  • bail
  • medical bail
  • elderly accused
  • health condition
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • property dispute
  • prison health
  • humanitarian considerations

Judgment

                                                                 BA.1190.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                       BAIL APPLICATION NO. 1190 OF 2026

       Ramdas Jagganath Ingale                            .. Applicant
             Versus
       State of Maharashtra                               .. Respondent

                                 ....................
        Mr. Ranjeet M. Pawar, Advocate for Applicant
        Ms. Rajeshree V. Newton, APP for State
        Mr. Ekta Patil a/w Mr. Prashant Hagare, Advocates for Intervenor /
         Complainant
        Mr. Kashiraj V. Jadhav, PSI, Baramati Taluka Police Station, Pune
                                    ......…...........

                                   CORAM : MILIND N. JADHAV, J.
                                   DATE         : SEPTEMBER 16, 2026.

       P.C.:

       1.        Heard Mr. Pawar, learned Advocate for Applicants and Mr.

       Newton, learned APP for Respondent – State.


       2.        Present Application is filed under Section 483 of Bharatiya

       Nagarik Suraksha Sanhita, 2023 by Petitioner seeking enlargement on

       bail in connection with FIR No.370 of 2025 registered with Baramati

       Taluka Police Station for the offences punishable under Section 103,

       11(2), 352 and 3(5) of Bharatiya Nyaya Sanhita, 2023.


       3.        Case of Applicant is considered on grounds of his health

       status on Medical Bail.


       4.        Briefly stated, certain disputes regarding ancestral property


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arose between Applicant and deceased person. On 10.09.2025,

deceased called Applicant and Accused No.2 to resolve their property

disputes. It is prosecution’s case that Applicant allegedly started

abusing the deceased and Accused No.2 allegedly assaulted the

deceased with kicks and blows before Applicant allegedly caught the

deceased and Accused No.2 allegedly attacked the deceased with a

sharp knife like weapon on his neck and causing injuries from which

deceased succumbed to and expired. Thereafter, First Information

Report was filed on 11.09.2025 by Sunita Vishnu Ingle and Chargsheet

was filed on 03.12.2025.


5.       Mr. Pawar, learned Advocate for Applicant would submit

that Applicant is a 65 year old infirm who is suffering from various

ailments due to his advanced age. He would submit that no recovery of

murder weapon was effected and neither is there any material in the

chargsheet to show that there was a criminal conspiracy to murder the

deceased person. He would submit that Applicant suffered from

congestive   cardiac   failure   with   severe   anemia   secondary    to

megaloblastic anemia with accelerated hypertension in a freshly

diagonised chronic kindey diseased with hypoproteninemia and is

taking blood transfusion with bone marrow biopsy. He would submit

that Applicant is further suffering from Cholelithiasis without

cholecystitis and showing general weakness. He would submit that this

shows advanced stage of Stage IV Chronic Kindey Disease. He would

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submit that Applicant is at increased risk of heart attacked, stroke and

sudden cardiac arrest as well. He would submit that while in custody

Applicant     underwent   various   episodes    of   giddiness,    fever,

breathlessness, and decreased appetite causing generalized weakness.

He would urge this Court to enlarge Applicant on bail in light of his

advanced age and serious ailments suffered in custody.


6.          Ms. Newton, learned APP would submit that Applicant’s

medical conditions are treatable at Yerwada Prison Hospital. She

would draw my attention to Medical Report dated 09.09.2026 and

submit that a list of medical facilities available at the Yerwada Prison

Hospital shows that 21 facilities pertinent to treatment of Applicant’s

medical conditions are present at the Hospital itself. She would submit

that Applicant was admitted to Sassoon Hospital, Pune from

19.12.2025 to 13.01.2026 and 02.03.2026 and 04.03.2026 and was

discharged in a stable condition. She would submit that on 07.08.2026

Applicant was admitted to Sassoon Hospital, Pune and his medical

report of his chest x-way shows       that no significant abnormality

detected and in that regard certain medications were advised. She

would submit that Applicant is in stable condition and under close

treatment at Yerwada Prison Hospital, Pune and is being treated in

accordance with the advice of doctors at Sassoon General Hospital

therefore she would urge his Court to dismiss present Bail Application.



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7.        I have heard the learned Advocates appearing for the parties

and with their able assistance, perused the record of the case.

Submissions made by learned Advocates at the bar have received due

consideration of the Court.


8.        It is seen that Applicant’s medical reports are appended to

the Application. Pursuant to direction of this Court passed in order

dated 03.09.2026, Chief Medical Officer, Yerwada Central Prison filed

Medical Report of Applicant. It shows that presently, medical condition

of Applicant is stable and is under treatment at the prison hospital

itself. However, perusal of the medical papers appended would paint a

worrying picture. It is seen that Applicant is constantly sufferring from

various ailments and was repeatedly admitted to Sassoon General

Hospital numerous times, each with a different medical complaint.


9.        A striking fact that stands out is that Applicant was arrested

on 11.09.2025 and on 20.12.2025 i.e within just over one month of his

incarceration, he was admitted to Sassoon General Hospital for blood

transfusion   and   bone      marrow   biopsy.   Medical   Report    dated

23.12.2025 issued by Sassoon General Hospital states that Applicant

suffers from Megalobastic Anemia for which he was advised clinical

correlation and close hematological follow up. Medical Report dated

26.12.2025 issued by Sasoon General Hospital states that Applicant is


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suffering from Bilateral Pedal Edema and required treatment and close

medical follow up. What troubles the Court's conscience is that

between January 2026 and September 2026, Applicant has been

admitted to Sassoon General Hospital Pune numerous times, rather at

least 8 times, for various illnesses, ailments and medical complaints.

This, in my prima facie opinion, is testament to the fact Applicant is in

delicate health, infirm and further continuation of his incarceration

will have an adverse effect on his overall health and well being if he is

to stand trial. The material filed on record paint a clear picture of

Applicant's medical infirmities and poor health conditions and after

perusal of the material appended on record, I have no doubt that

Applicant’s medical condition is precarious and the chronology of his

medical history while in custody is even more disturbing even to the

mind of a normal prudent person.


10.         Attention is drawn to a recent decision of the Punjab and

Haryana High Court in the case of Davinder Singh Nirwal @ Dev Vs.

Directorate of Enforcement 1 wherein it was held that detention of

persons of advanced age in custody who suffer from heath issues ought

to be treated with utmost sympathy and concern while deciding such

Bail Applications. Relevant paragraph Nos.15 and 16 of the said

decision are reproduced hereunder for ease of reference:-

            "15. The rationale behind detention and custody is deterrence,

1   CRM-M-30971-2026 decided on 10.09.2026

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          retribution, protecting society from such criminals from
          committing further offenses, and sending a firm message to the
          public not to violate the law enacted by the State, or else their
          freedom might be curtailed. At the same time, it reassures
          victims that the State’s justice system is in place and discourages
          them from seeking revenge by taking the law into their own
          hands. Reforming the inmates to prepare for their re-integration
          into society as a social philosophy behind modern-day prisons
          becomes futile when they are on the last leg of their lives. The
          incarceration loses its objectivity when the inmate is a sick and
          infirm middle-old
          16. Unhealthy old age is a curse. It is inhumane to deny bail to
          middle-old people, or to those who are so sick that it is better
          for them to receive treatment outside prison walls; subject to
          the exception like the inmate is a recidivist who refuses to mend
          their ways, or is at flight risk, or that the criminal is of extreme
          perversity, or that the crime is so heinous or so cruel, that
          releasing such person on bail would be more disastrous to the
          society. Denying bail in such cases can be unkind and goes
          against the conscience of the Court. Thus, whenever a person
          above 75 years of age with health issues is in custody, the
          concerned Judge must have the spine to do justice and examine
          the health and old age related issues with utmost sympathy and
          concern, and before rejecting the bail application of a person
          above 75 years of age, the Court must document the reasons for
          the same."


11.       Perusal of the material on record would show that

Applicant’s advanced age and incarceration eventhough for 12 months

has significantly affected his overall health and prima facie he requires

ample rehabilitation, care, monitoring of his diet, precaution from

infections and regular uninterrupted follow up with his doctors.


12.       The long standing practice of “bail is the rule, jail is the

exception” is aptly put into practice in such open and shut cases. In the

present circumstances, Applicant suffers from various medical

conditions mentioned above for which he has been admitted to

hospital practically during the entirety of his incarceration till date.


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This has affected his overall health and perusal of his medical reports

prima facie show that he requires close monitoring for medical

problems that may arise from his already troubling infirmities. This can

only be done if Applicant receives treatment at a hospital of his choice

and is well taken care of away from infection related environment.

These requirements can only be met if Applicant receives treatment at

a hospital of his choice and / or his home where he is well taken care

of away from infection related environment if he is to stand trial. There

is a marked qualitative difference in the treatment received as an

undertrial prisoner especially in jail barracks and jail hospital and as a

citizen under no restraint. I need not say much on this aspect.


13.       It is seen from Applicant’s precarious medical condition,

degree of care and monitoring of existing / subsisting ailments from

which the Applicant suffers along with observations for any untoward

complications that may arise altogether clearly justify grant of medical

bail to the Applicant before me.

14.       Investigating Officer shall be at the liberty to visit the

hospital / home of Applicant for investigation after giving him due

notice. Applicant’s supervising doctors are directed to prepare

appropriate reports about the status and medical condition of

Applicant and his availability to co-operate with the investigation

depending on his recovery and apprise the Investigating Officer about

the same within two months from today.

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15.      Applicant shall cooperate and provide all details for

investigation as called upon. The Application of Applicant is primarily

considered on medical grounds at this stage. Merely keeping the

Applicant in jail in his present precarious condition cannot be the

answer to deny him bail on medical grounds.

16.      That apart this Court while passing orders on pervious

occasions in so far as the Applicant's medical condition is concerned

has clearly applied its mind and the same is certified by the reports

placed before this Court. Hence on medical ground, Applicant deserves

enlargement on bail for his medical treatment and rehabilitation which

cannot be denied to him in view of his precarious medical condition

and requirement for post surgery rehabilitation. Needless to state that

every 6 months the Applicant will present himself at Sasson General

Hospital for a checkup and the Dean of the said hospital shall, through

a committee, examine the status of Applicant’s health parameters and

give opinion in a Report to the prosecution. Prosecution will be at

liberty to approach this Court on the basis on that Report for seeking

custody of the Applicant and for seeking cancellation of his medical

bail.

17.      In view of the above order, Applicant is directed to be

released on bail on medical grounds on following conditions:-

         (i)   Applicant – Ramdas Jagganath Ingale be released on


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bail, on furnishing a P.R. Bond of Rs.25,000/- and one or

more sureties in the like amount;


(ii)   Investigating Officer shall be at liberty to visit the

Applicant’s home with 2 days advanced notice to enquire

about his health and rehabilitation and keep a record of the

same in writing in the form of a report for Court’s

information if so required later;


(iii) Applicant shall ensure that he shall attend the Trial

Court if called upon by Court and that his Advocate shall

remain present on all dates of hearing before Trial Court

during Trial;


(iv) Applicant shall not leave the country without prior

permission of the Court;


(iv) Applicant shall not influence any of the witnesses or

tamper with the evidence in any manner;

(v) 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;

(vi) Applicant shall surrender his passport with the

Investigating Officer of the concerned police station;

(vii) Applicant shall not indulge in any activity similar to the

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                          activities on the basis of which the Applicant stands

                          prosecuted;

                          (viii) Applicant shall not try to establish communication with

                          any co-accused or any other person involved directly or

                          indirectly in similar activities, through any mode of

                          communication;

                          (ix) Any infraction of the conditions shall entail cancellation

                          of bail granted to the Applicant.



       18.                Liberty to apply for cancellation of this order to prosecution

       in case of any breach of the conditions or if the Report of the Sassoon

       General Hospital qualifies the Applicant to be fit.

       19.                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 and the trial shall be adjudicated on

       its own merits in accordance with law.

       20.                Bail Application No.1190 of 2026 is allowed and disposed in

       above terms.


                                                              [ MILIND N. JADHAV, J. ]
                 Digitally signed
Ajay             by RAVINDRA
       RAVINDRA MOHAN
       MOHAN    AMBERKAR
       AMBERKAR Date:
                 2026.09.16
                 21:02:27 +0530




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