Bombay High Court
DEEPAK MOHAN PHADversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court held that the applicant's serious post‑operative medical condition justifies the grant of medical bail for four months under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Deepak Mohan Phad, a junior clerk in the Panvel District Court, was arrested in connection with two FIRs (Nos. 758/2024 and 670/2024) alleging offences under multiple sections of the Bharatiya Nyaya Sanhita, 2023. He applied for medical bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, citing post‑operative complications following a hemorrhoidectomy, including continuous bleeding and severe pain. The court examined a medical report from the prison's Chief Medical Officer confirming his serious health condition and deemed it sufficient to justify bail. Accordingly, the court granted medical bail for a period of four months, conditioned on a cash bond of Rs. 25,000, sureties, regular reporting to the investigating officer, and compliance with other standard bail conditions. Both bail applications were allowed and disposed of, with the order emphasizing that the bail does not prejudice the trial.
Issues considered
- Whether the applicant's medical condition warrants the grant of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the bail bond and conditions imposed are appropriate given the nature of the offences and the applicant's status as a government servant.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 178, 179, 181, 182, 183, 184, 217(kh), 222, 238, 316(5), 318(4), 336, 337, 338, 339, 341, 3(5), 45, 61(2)
Subjects
- medical bail
- health condition
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- government servant
- post‑operative complications
- bail bond
Judgment
35. CRI BA-3298-26 & 3301-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3298 OF 2026
Deepak Mohan Phad .. Applicant
Versus
The State of Maharashtra .. Respondent
WITH
BAIL APPLICATION NO. 3301 OF 2026
Deepak Mohan Phad .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Priyal G. Sarda i/by Mr. Shubham Sane, Advocates for
Applicant
Ms. Anuja S. Gotad, APP for State
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 1, 2026
P. C.:
1. Heard Mr. Sarda, learned Advocate for Applicant and Ms. Gotad,
learned APP for State.
2. Bail Application No. 3298 of 2026 is filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with FIR No.
FIR No. 758 of 2024 registered with Panvel City Police Station, Raigad
for offences under Sections 316(5), 318(4), 336, 337, 338, 339, 341,
178, 179, 181, 182, 183, 184 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 whereas Bail Application No. 3301 of 2026 is filed
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under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in
connection with FIR No. 670 of 2024 registered with Panvel City Police
Station, Raigad for offences punishable under Sections 336, 337, 338,
339, 341, 238, 45, 217(kh), 222, 178, 179, 181, 182, 183, 61(2), 3(5)
of the Bharatiya Nyaya Sanhita, 2023. Applicant / accused person in
both the Applications is the same.
3. On 25.08.2026 after hearing the request made by Mr. Sarda,
learned Advocate for Applicant to grant medial bail, this Court passed
the following order:-
1. Heard Mr. Sarda, learned Advocate for Applicant; Ms. Gotad,
learned APP for Respondent – State in Bail Application No.3298 of 2026
and Ms. Newton, learned APP for Respondent – State.
2. Applicant seeks medical bail on the ground that he is undergoing
post-operative recovery after haemorrhoidectomy and it is submitted that
the Applicant is suffering from continuous active bleeding.
3. The concerned Jail Authority / Jail Doctor shall examine the
Applicant and prepare a preliminary report and place the same before this
Court within a period of one week from today to enable this Court to
consider passing further orders with regard to the Applicant’s present
Applications as also his medical ailment.
4. Stand over to 1st September 2026. To be placed under the caption
‘For Directions’.
5. Parties are directed to act on a server copy of this order downloaded
from the website of the High Court of Bombay.
4. It was noted in the order that Applicant was suffering from
continuous active and bleeding and hence, prisoner's medical report
was called for.
5. Prisoner's medical report is made available today by learned
APP. It is prepared by the Chief Medical Officer of Taloja Central
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Prison where the Applicant has been housed. It is stated in the said
report that the said prisoner was examined by Prison Medical Officer
where he has complained of PR bleeding intermittently, anal pain &
burning during defecation. That he has constipation intermittently,
Cervical pain with right upper limb pain and treatment is provided to
him accordingly. It is stated that the said prisoner underwent
hemorrhoidectomy surgery under spinal anesthesia on dated
10.07.2026 and is advised post operative rehabilitation, he is advised
warm sitz bath 4-5 times per day and high fiber diet. It is also stated
that the prisoner is having backache and cervical pain with right upper
limb radiculopathy for which he is under treatment from visiting
physiotherapist at present. It is stated that at present he is afebrile
(not having a fever) and G.C. good, but he will be referred to higher
center as and when needed with availability of police escort.
6. Applicant is indicted in the offences for cheating and forgery.
Applicant is a government servant who was working as a Junior Clerk
in Panvel District Court. However considering the Applicant’s present
condition which is prima facie seen from the prisoner’s medical report
and physical examination done by the Chief Medical Officer which is
prima facie evident from the material placed before me, I am inclined
to grant the Applicant medical bail for a period of four months from
today. I am conscious of the fact that Applicant in his Bail Application
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on medical ground has requested medial bail for two months, however
considering the precarious health condition of the Applicant which is
prima facie evident on the basis of the prisoner’s medical report as also
the recent surgery which he has undertaken in the month of July,
2026, I am inclined to grant medical bail to the Applicant for a period
of four months. Applicant shall surrender to prison authorities after
the period of four months is over.
7. In view of the above the following order is passed:-
(i) Applicant is directed to be immediately released on bail
from prison for a period of 4 months in connection
with Crime Nos. 670 of 2024 and 758 of 2024;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five
only) with one or two sureties in the like amount;
(iii) Applicant is permitted to furnish provisional cash bail
of Rs.25,000/- for his release immediately and file
undertaking that he will provide one or two sureties in
the like amount of Rs.25,000/- within a period of four
weeks after his release which shall be accepted by the
Trial Court. Applicant shall provide sureties as directed
(iv) Applicant shall report to the Investigating Officer at
Panvel City Police Station, once every month on the
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first Sunday of the month between 10:00 a.m. to 02:00
p.m.;
(v) 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;
(vi) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vii) Applicant shall not influence with any of the witnesses
or tamper with the evidence in any manner;
(viii)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
(ix) 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.
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9. Both the Bail Applications are allowed and disposed of in
the above terms.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.09.01
15:03:49
+0530
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