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
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 318(4), 336(3), 337, 338, 341(1)(4), 3(5)
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
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
Anand 1 of 7
7. BA 3406-2026.doc
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
Anand 2 of 7
7. BA 3406-2026.doc
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
Anand 3 of 7
7. BA 3406-2026.doc
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
Anand 4 of 7
7. BA 3406-2026.doc
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
Anand 5 of 7
7. BA 3406-2026.doc
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
Anand 6 of 7
7. BA 3406-2026.doc
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.)
Anand 7 of 7
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