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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 11(2), 3(5), 352
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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