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Bombay High Court

VINAYKUMAR S/O SHREERAMSAJEEVAN SHARMAversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted on medical grounds with conditions.

Summary

Vinaykumar, a 72‑year‑old advocate, was arrested on 14 September 2025 for alleged cheating and forgery involving a forged magistrate order. He has been in custody for over a year and suffers from diabetes, hypertension and advanced bilateral cataract requiring urgent surgery, as documented in multiple medical reports. The bail application was filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, relating to offences under several sections of the Bharatiya Nyaya Sanhita, 2023. While the prosecution argued that the nature of the offences posed a risk of re‑offending, the court considered the applicant’s age, infirmity and medical necessity. The court concluded that bail could be granted on medical grounds, subject to strict conditions, without addressing the merits of the underlying charges.

Issues considered

  • Whether bail should be granted to the accused despite the seriousness of the offences, considering his advanced age and serious medical condition.

Legislation cited

Subjects

  • bail
  • medical grounds
  • forgery
  • cheating
  • advanced cataract
  • age
  • humanitarian considerations
  • Section 483 BNSS
  • BNS offences

Judgment

                                                                             7. BA 3406-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                         BAIL APPLICATION NO. 3406 OF 2026

                      Vinaykumar S/o. Shreeramsajeevan Sharma           .Applicant

                                   Vs.

                      The State of Maharashtra                          .Respondent
         Digitally
         signed by

ANAND
         ANAND
         SUDHAKAR
                      Mr. Ranjeet Yadav, Advocate, for the Applicant
SUDHAKAR SUDAME
SUDAME   Date:
                      Mr. Amit A. Palkar, APP, for the Respondent – State
         2026.09.08
         21:12:32
         +0530
                                          CORAM : MILIND N. JADHAV, J.

                                          DATE     : 08.09.2026
                      P. C.

                      1.      Heard Mr. Yadav, learned Counsel for the Applicant and Mr.

                      Palkar, learned APP for the Respondent – State.

                      2.      This Application is filed under Section 483 of the Bhartiya

                      Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with

                      C.R.No. 544 of 2025 registered with the Panvel City Police Station for

                      offences punishable under Sections 318(4), 336(3), 337, 238, 338,

                      341(1)(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short

                      “BNS”).

                      3.      The Applicant is indicted as a principal Accused, being Accused

                      No. 1 in the present crime for the offences of cheating and forgery.

                      Though learned Counsel for the Applicant would in his usual fairness


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inform the Court that charge against the Applicant is that he had

forged an order of the learned Magistrate with regard to grant of Minor

Certificate to certain clients who had approached him and when the

said order was placed before the concerned Magistrate, it was found

that the said order was not passed by the Court and therefore,

directions were given to lodge a police complaint and investigate the

matter. The Applicant is indicted and arrested on 14.09.2025 and he is

in incarceration for the past one year. Learned Counsel for the

Applicant would submit that the Prisoners Medical Report at page 460

which is dated 23.02.2026 is seen by the Court. That apart, he would

also place before the Court the Prisoners Medical Report dated

22.12.2025 qua the Applicant’s medical status and state of his health

while being incarcerated. He would persuade the Court to juxtapose

both the Reports to arrive at a conclusion that the medical state and

health status of the Applicant, as can be derived on a mere reading of

the said Reports prepared by the Chief Medical Officer is such that the

Court will have to step in forthwith.

4.      With the able assistance of the learned Counsel for the Applicant

and learned Prosecutor, I have perused both the Medical Reports. Prima

facie, it is seen that the Applicant is diagnosed with diabetes malitus

with hyper tension and bilateral cataract which leads to blurred vision


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and when he was examined, investigated and treated by the

Ophthalmologist in the month of December, 2025, it was opined and

diagnosed as a case of advanced cataract of both the eyes and needing

urgent surgery. The Report in February, 2026 carries on further which

further advises blood investigations, follow up blood reports for

undertaking the cataract surgery in one eye at a time in view of his

advanced stage subject to his vital parameters be conducive to surgery.

Today, we are in September, 2026. This is a fresh Bail Application

which is filed before me on 25.08.2026. It has been listed for the first

time today. Learned Counsel appearing for the Applicant has placed a

compilation of documents before me and would persuade the Court to

consider grant of bail to the Applicant in view of the documents which

are presented before the Court. He would submit that for the past more

than one year, the Applicant has lived with the ignominy of the eye

surgeries for cataract. His instructions are that Applicant has very poor

eye vision. He has also placed before me the hospital papers of the

MGM Medical College and Hospital, where the Applicant was admitted

between 18.07.2025 and 23.07.2025 for various reasons/diseases and

more specifically, Malaria which he had contacted at the then time. I

have no reason to disbelieve the Reports which are placed before me by

learned Counsel for the Applicant at the bar. The subsequent Reports of


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the     Ophthalmology    Department          of   Navi   Mumbai    Municipal

Corporation, General Hospital, Vashi dated 29.11.2025, further Report

from Dr. Nanasaheb Dharmadhikari SDH Panvel Hospital dated

22.12.2025, further Report from Sir J. J. Group of Hospitals, Mumbai

advising cataract surgery in both the eyes dated 23.12.2025 and copies

of the orders granting bail to the co-accused persons are placed before

me.

5.      Per contra, learned Prosecutor, however, vehemently submits that

considering the nature of the act committed by the Applicant for which

he is indicted, this Court should be cautious to exercise it’s discretion,

since the act is such that if the Applicant is released on bail, he is likely

to reoffend himself. Learned Prosecutor may be right but then the

Court’s discretion will have to be used on the basis of all parameters

which are placed before the Court, rather than look uni directionally

only in one direction as a facet for grant of bail. Looking at Applicant’s

precarious medical condition, adequate terms can be undoubtedly put

insofar as the Applicant is concerned. The Applicant is an Advocate at

the bar and therefore in view of the present prosecution, the

prosecution can always seek appropriate action against him from the

Bar     Council of Maharashtra and Goa in accordance with law. The

Applicant is 72 years old. He is infirm. Admittedly, this Court has taken


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cognizance of his previous Prisoners Medical Reports which are placed

on record prepared by the Chief Medical Officer of the Taloja Central

Jail, where the Applicant is housed. There is nothing dis-believable

about the said Reports. In that view of the matter, I am inclined to

consider the request made by the learned Counsel for the Applicant for

grant of bail for him on medical grounds to the Applicant more so

because the Applicant will have to be otherwise fit physically in order

to face the trial.

5.      Considering the precarious medical situation of the Applicant

and he requiring surgeries in both his eyes and most importantly, the

subsequent Medical Report certifying that the Applicant is having

blurred vision and this Report being prepared in February, 2026, this

Court can well imagine what would be the medical status of his eyes

today in September, 2026. In this view of the matter, the Applicant is

granted bail on medical grounds as also he being infirm on the

following terms and conditions.

           (i)   Applicant – Vinaykumar S/o. Shreeramsajeevan Sharma

                 is directed to be immediately released from prison in

                 connection with CR. No. 544 of 2025;


           (ii) The Applicant is directed to be released on bail on

                 furnishing P. R. Bond of Rs. 25,000/- (Rs. Twenty Five

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             Thousand only) with one or two sureties in the like

             amount;


        (iii) The Applicant shall report to the Investigating Officer at

             Panvel City Police Station, Navi Mumbai, once every

             month, on the first Monday of the month between 10:00

             a.m. to 12:00 p.m. until commencement of trial and

             thereafter shall attend all dates of hearing before the

             Trial Court;


        (iv) The Applicant shall co-operate with the conduct of the

             trial and remain present before the Trial Court on all

             dates, unless specifically exempted. The Applicant shall

             not seek unnecessary adjournments. Any such conduct

             shall entitle the prosecution to apply for cancellation of

             bail;


        (v) The Applicant shall not leave the country without the

             prior permission of the Trial Court and shall deposit his

             passport with the Trial Court;


        (vi) The Applicant shall not influence any of the witnesses

             or tamper with the evidence in any manner;


        (vii) The Applicant shall keep the Investigating Officer

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                 informed of his current residential address and mobile

                 telephone number and shall forthwith inform the

                 Investigating Officer of any change in his residential

                 address or mobile telephone number, as and when such

                 change occurs; and


           (viii)Any breach or infraction of any of the aforesaid

                 conditions shall entail cancellation of the bail granted to

                 the Applicant.


7.      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. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made

hereinabove in this order.


8.      The Bail Application No. 3406 of 2026 is allowed and disposed

of in the above terms.



                                                  (MILIND N. JADHAV, J.)




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