RAJENDRA BHAURAO GAIKWADversusSTATE OF MAHARASHTRA

                                                                              42. BA 733-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                           BAIL APPLICATION NO. 733 OF 2026

                      Rajendra Bhaurao Gaikwad                         .Applicant

                                  Vs.

                      The State of Maharashtra                         .Respondent

                      Mr. Vivek Arote a/w. Mr. Akshay Dingale, Advocates, for the Applicant
ANAND
SUDHAKAR              Ms. S. E. Phad, APP, for the Respondent – State
SUDAME                Ms. Swati Sagvekar, Advocate, for Respondent No.2/Complainant
Digitally signed by
ANAND SUDHAKAR        Mr. Abhijit Payghan, PSI, Hadapsar Police Station, Pune City present
SUDAME
Date: 2026.10.07
16:12:58 +0530
                                            CORAM : MILIND N. JADHAV, J.

                                            DATE    : 05.10.2026
                      P. C.

                      1.      Heard Mr. Arote, learned Counsel for the Applicant and Ms.

                      Phad, 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.1527 of 2022 registered with Hadapsar Police Station, Pune for

                      offences punishable under Section 380 of the Indian Penal Code, 1860

                      (for short “IPC”).

                      3.      On the previous occasion, after hearing Mr. Arote and the

                      learned Prosecutor, following orders dated 17.09.2026 and 21.09.2026

                      were passed. Order dated 17.09.2026 reads as under :-


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        “1. Heard Mr. Arote, learned Advocate for Applicant;
        Ms. Phad, learned APP for State and Ms. Sagvekar,
        learned Advocate for Complainant.

        2.    Order dated 03.09.2026 stands complied with.
        Learned APP has shown the prisoner’s medical report to
        me. Prima facie reading of the said report, it appears that
        Applicant is having complications. The report states that
        Applicant has been admitted to psychiatric ward of the
        jail hospital.    However, learned Advocate for the
        Complainant would argue to the contrary. She would
        place before me the cross-examination conducted by the
        Applicant himself on 09.09.2026 and would submit that
        Applicant is in perfectly sound health and condition.
        3.    I direct the learned APP to give copy of the report
        to both the learned Advocates.         Both the learned
        Advocates are directed to file their appropriate affidavit
        in reply.
        4.    Insofar as the Applicant is concerned, affidavit
        should state as to who will take care of the Applicant and
        whether the Applicant will be staying if at all the
        Applicant is released on bail on the basis of the medical
        report which has been submitted.
        5.    Stand over to 21st September, 2026 under the
        caption “Medical Urgency”.


4.      Order dated 21.09.2026 reads as under :-


        “1.   Heard Mr. Arote, learned Advocate for Applicant;
        Ms. Phad, learned APP for State and Ms. Sagvekar,
        learned Advocate for Complainant.

        2.    The prisoner’s mental health report dated
        15.09.2026 is placed before me which shows that the
        prisoner is behaviorally and mentally stable and at
        present is on medications. However, the concerned jail
        authority looking after the Applicant are directed to file
        an appropriate affidavit to explain as to how they shall be

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        taking care of him and after four weeks a status report of
        his medical condition shall be placed before the Court to
        enable this Court to take an appropriate decision.
        Needless to state that if anything untoward happens in
        the meanwhile, the jail authorities are going to be held
        responsible. Therefore, the affidavit of the jail authority
        shall be filed within a period of one week from today.
        3.    Stand over to 5th October, 2026.”


5.      In compliance of the aforesaid orders, both parties have filed

their respective Affidavits. Mr. Sunil N. Dhamal, Superintendent,

Yerwada Central Prison, Pune – 6 has filed Affidavit dated 26.09.2026

on behalf of the prosecution, whereas Mr. Sunil Bhaurao Gaikwad,

brother of Applicant has filed Affidavit Cum Undertaking dated

19.09.2026. I have perused both the Affidavits. Applicant is indicted in

a crime for committing murder of his wife in view of various reasons as

alleged by the prosecution. He is arrested in December, 2022 and has

undergone incarceration for almost four years till date. Trial has not

commenced. Intriguingly, it is prima facie seen that Applicant is

suffering from a medical condition namely that his psychiatric status

and condition is not normal and he is required to be administered

medication and treatment to that effect. Same is clarified by the

Superintendent of Yerwada Central Prison, Pune, where the Applicant

is housed. In para No. 6 of his Affidavit, it has been stated that

Applicant is suffering from a mental condition and he is undertaking

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medical treatment in view of which he has attempted to commit suicide

by hanging with the help of a towel inside the jail. It is also stated that

thereafter Applicant has been shifted to the Jail Hospital, where he is

undergoing treatment and is presently being administered medication

and treatment under the supervision and advice of the concerned

psychiatric Doctor and medical officer of the Jail Hospital. It is also

stated in para No. 9 that if Applicant would require any specialized

medical treatment, necessary arrangements will be made to refer him

and shift him to a higher medical centre namely Sassoon General

Hospital, where all such medical facilities will be available. It is stated

that Application in this behalf has already been preferred for

administering further treatment to Applicant on 20.08.2026 before the

Hon’ble District Judge and Additional Sessions Judge, Pune for

issuance of reference order which is pending and order is still awaited.

Prima   facie   reading   of   Affidavit    dated   26.09.2026    filed   by

Superintendent, Yerwada Central Prison, Pune – 6 shows that

Applicant is indeed suffering from a medical problem and such medical

condition has in fact compelled Applicant to take his own life also. The

brother of Applicant has filed Affidavit stating that he shall take care of

Applicant and that Applicant will be residing with him when released

on bail. Charge has been framed. Trial has commenced. One witness


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out of the probable 23 witnesses cited by the prosecution has been

examined till date. The ignominy of the trial not been concluded in the

near foreseeable future is certain and hence, it persuades me to

consider the Application of the Applicant for grant of bail on the

ground of his long incarceration as well as his medical condition.

6.      Ms. Sagvekar appears for the Complainant. She would persuade

the Court not to release the Applicant on bail in view of the gravity of

the crime. She would argue that Applicant has murdered his wife and

is merely using his medical condition as a ruse to be released from

prison. However, the fact that Applicant is behind bars for almost 4

years is equally true. However, considering the medical condition of the

Applicant, I am not persuaded to accept her submissions and the

request for rejection of bail made by the Complainant’s Advocate

stands rejected.

7.      Hence, in view of above prima facie observations and finding,

Bail Application of Applicant is allowed subject to the following terms

and conditions:-

           (i)   Applicant – Rajendra Bhaurao Gaikwad is directed to be

                 immediately released from prison in connection with

                 CR. No. 1527 of 2022;


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

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            P.R. Bond of Rs.15,000/- (Rs. FifteenThousand only)

            with one or two sureties of the like amount;


        (iii) Applicant shall report to the Investigating Officer at

            Hadapsar Police Station, Pune, 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) Applicant shall co-operate with the conduct of the trial

            and remain present before the Trial Court on all dates,

            unless specifically exempted. Applicant shall not seek

            unnecessary adjournments. Any such conduct shall

            entitle the prosecution to apply for cancellation of bail;


        (v) Applicant shall not leave the State of Maharashtra

            without prior permission of the Trial Court;


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

            tamper with the evidence in any manner;


        (vii) Applicant shall keep the Investigating Officer 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

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                 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.


8.      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.


9.      Bail Application is allowed and disposed in the above terms.




                                                  (MILIND N. JADHAV, J.)




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