Bombay High Court

SAMARSENJIT ALIAS TIPU PRAMOD GAIKWADversusSTATE OF MAHARASHTRA AND ANOTHER

Disposal: Disposed Off

Holding

The court granted temporary medical bail to the applicant from 21 August 2026 to 4 January 2027 subject to stringent conditions.

Summary

The applicant, Samarsenjit Gaikwad, was charged with multiple serious offences under the Bharatiya Nyaya Sanhita, 2023 and the Criminal Law (Amendment) Act, 1932. After five prior bail applications were rejected, he filed a sixth bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking temporary bail on medical grounds. He argued that his seven‑year‑old son suffers from Thalassaemia Major and requires a haploidentical bone‑marrow transplant for which the applicant is the only suitable donor. The State and the complainant did not oppose the bail but stipulated conditions, and the court, noting the urgent medical need and the lack of opposition, granted temporary bail from 21 August 2026 to 4 January 2027 with a series of strict conditions. The order expressly states that the bail is granted solely on medical exigency and not on the merits of the case.

Issues considered

Whether temporary bail can be granted on medical grounds under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seriousness of the charges.
Whether the conditions imposed by the court are appropriate and sufficient to safeguard the investigation and trial.
Whether the non‑opposition of the State and the complainant influences the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 118(2), 189(2), 189(4), 190, 191(2), 191(3), 351(2), 351(3), 352, 74
Criminal Law Amendment Act, 1932 — s. 7

Subjects

temporary bail
medical bail
Section 483
Bharatiya Nagarik Suraksha Sanhita
serious offences
Thalassaemia
bone marrow transplant
legal aid
bail conditions

Judgment

901-BA-785-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 785 OF 2026

Samarsenjit @ Tipu Pramod Gaikwad … Applicant
Versus.
The State of Maharashtra & Ors. … Respondents

-----
 Ms. Vrushali Maindad for the Applicant.
 Mr. S.S. Chaudhari, A.P.P. for the Respondent Nos.1 & 2-State.
 Ms Tanaya Doke, Appointed Advocate for the Respondent No.3
(Appointed under Legal Aid vide order date 17/08/2026) .
 Mr. Viresh Purwant (Through V.C.) a/w. Mr. Ashutosh Purwant for the
Respondent no. 3- Complainant.
 Officer :- API Raigonda Patil & HC/483 Kishor Pawar, Sadar Bazar
Police Station, District Solapur City, present.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 18th August 2026.

PER COURT :

1. Heard, Ms. Vrushali Maindad, learned Advocate for the Applicant, Mr.

Chaudhari learned A.P.P. for the Respondent Nos. 1 & 2-State, Mr. Viresh

Purwant, learned Advocate for the Respondent No. 3- Complainant and Ms.

Tanaya Doke learned Advocate for the Respondent No. 3 (appointed under

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Legal Aid).

2. By the present Application filed under Section 483 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicant seeks bail in connection with

Crime No. 01 of 2025, dated 1st January 2025, registered at Sadar Bazar

Police Station, District Solapur City, for offences punishable under Sections

109, 118(2), 118(1), 115(2), 189(2), 189(4), 190, 191(2), 191(3), 352,

351(2), 351(3), 74 of the Bharatiya Nyaya Sanhita, 2023, and Section 7 of

the Criminal Law (Amendment) Act, 1932. Crime No. 01 of 2025 is

registered as Sessions Case No. 80 of 2025.

3. The Applicant had earlier filed the following Bail Applications :-

i. 1st Bail Application filed by the Applicant before the Sessions Court

was rejected on 4th March 2025 (page 408).

ii. 2nd Bail Application filed before the Sessions Court was rejected on

22nd September 2025 (page 413).

iii. Criminal Bail Application No. 3493 of 2025 was rejected by this

Court (1st Bail Application) on 11th March 2026 (page 425).

iv. 3rd Bail Application filed before the Sessions Court was rejected on

4th August 2026 (page 459).

v. This is the 2nd Bail Application before this Court.

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4. Ms. Vrushali Maindad, learned Advocate for the Applicant, states that

the Applicant before this Court is seeking bail on medical grounds. To clarify,

she states that the Applicant’s minor son has been diagnosed with

“Thalassaemia Major”, a hereditary blood disorder requiring regular medical

care and blood transfusion support. She states that the SRCC Children’s

Hospital, managed by Narayana Health, Mumbai, has recommended that the

minor son proceed with a Haploidentical Bone Marrow Transplant at NH

SRCC Children’s Hospital, Mumbai. She submits that the Applicant, being the

father, is the match for the Bone Marrow Transplant Surgery. She tenders a

photostat Certificate dated 18th August 2026, issued by Narayana Health,

indicating the nature of the ailment and the treatment required for the minor

son, same is taken on record and marked as “X” for identification.

5. The contents of the Certificate dated 18 th August 2026 are reproduced

herein :

“This is to certify that Master Ranveer Gaikwad (MRN:
12520000160227), a 7-year-old male child and son of Mr.
Samersenjit Galkwad, has been diagnosed with Thalassemia Major,
a hereditary blood disorder requiring regular medical care and
blood transfusion support.

The patient was first seen at our hospital in July 2023 and has
since been under regular medical follow-up. He is currently
dependent on regular blood transfusions and continues to be

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monitored through our Outpatient Department (OPD).

Hematopoletic Stem Cell Transplantation (HSCT) is the only
definitive and potentially curative treatment option for his
underlying condition. In view of his clinical condition and disease
status, he has been planned for a haploldentical bone marrow
transplant at NH SRCC Children's Hospital, Mumbai.

Master Ranveer does not have a 100% HLA-matched donor
available through his family or stem cell donor registries. His
father, Mr. Samersenjit Gaikwad, has been identified as a 50% HLA-
matched (haploidentical) donor. The HLA typing report is enclosed
for reference.

The patient is scheduled to undergo haploidentical bone marrow
transplantation in December 2026. However, he and his intended
donor, his father, will need to remain under regular and close
medical follow-up at NH SRCC Children's Hospital from August
2026 onwards as part of the pre-transplant evaluation, preparation,
and management.

Following the transplant, the patient will require close medical
monitoring and follow-up for at least one year after transplantation
to monitor for complications and assess transplant outcomes. As
the intended donor, his father will also require medical follow-up
and observation for up to approximately three months following
the donation procedure, as clinically indicated.”

6. Based on the said Certificate (X), Ms Vrushali Maindad, learned

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Advocate for the Applicant, submits that the Applicant restricts the request

for temporary Medical Bail to the period commencing from 21 st August 2026

up to 4th January 2027. She, on instructions from the Applicant, states that

the Applicant does not seek Bail on merits.

7. Ms. Vrushali Maindad, learned Advocate for the Applicant, states that

the Applicant shall use the liberty only for the purpose of attending to his

son's treatment. She further states that the Applicant shall remain within the

jurisdiction of Mumbai during the entire period of temporary bail and shall

not leave it. She submits that the Applicant shall reside at his sister’s place in

Bandra, Mumbai. She further submits that, in the event the request for

temporary bail on medical grounds is considered, the Applicant shall abide by

all conditions as this Court may deem fit and proper to impose.

8. Mr. Chaudhari, learned A.P.P. for the Respondent Nos. 1 & 2-State and

Mr. Viresh Purwant, learned Advocate for the Respondent No. 3 -

Complainant, submit that, as the temporary bail is required to attend to the

medical condition of the Applicant's minor son, they do not oppose the grant

of temporary bail for the period commencing from 21 st August 2026 up to 4th

January 2027. They, however, insist that amongst other conditions, the

Applicant shall not seek any extension of the period of temporary bail and

shall surrender before the jail Authorities a day prior to the expiry of the bail

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period.

9. Ms. Tanaya Doke, learned Advocate for the Respondent No.3

(appointed under the Legal Aid), does not oppose the request for temporary

bail, the ground being medical.

10. Ms. Vrushali Maindad, learned Advocate for the Applicant, on

instructions, states that the Applicant shall not apply for an extension of the

bail period and shall not misuse his liberty.

11. In view of the aforesaid facts and circumstances, the urgent need for

the Applicant to be with his minor son on medical grounds and the no-

objection given by Mr. Chaudhari, learned A.P.P. for the Respondent Nos. 1 &

2-State, and by Mr. Viresh Purwant, learned Advocate for the Respondent No.

3-Complainant, the Applicant is granted temporary medical bail on the

following conditions :-

(a) The period of the temporary bail shall commence on 21st

August 2026 and continue until 4:00 p.m. on 4 th January

2027.

(b) The Applicant shall be released on bail upon furnishing a PR

bond of Rs. 50,000/- (Rupees Fifty Thousand only) and one

or two local sureties in the same amount, to the satisfaction

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of the Trial Court.

before 4:00 p.m. on 4th January 2027. The Applicant shall

report compliance before this Court on 5th January 2026.

(d) The Applicant shall not apply for extension of this

temporary bail.

(e) The Applicant shall, within Seven (7) days of his release,

provide the Investigating Officer, Sadar Bazar Police Station,

Solapur City, with his residential address for the period from

21st August 2026 to 4th January 2027, his contact numbers,

cell / WhatsApp No. and must inform the Investigating

Officer of any changes to this information from time to

time. The Applicant shall keep his mobile and WhatsApp

within range throughout the period of temporary bail.

(f) The Applicant shall not leave the jurisdiction of Mumbai

without permission from the Officer -in-Charge of Kherwadi

Police Station, Ground, Government Colony, Bandra East,

Mumbai.

(g) During the period of temporary bail, the Applicant shall

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appear and report to the Officer-in-Charge, Kherwadi Police

Station, Ground, Government Colony, Bandra East, Mumbai,

on the first Monday of every week commencing from

24.08.2026 between 10:00 a.m. and 11:00 a.m., until the

expiry of the period of temporary bail. The Officer-in-

Charge, Kherwadi Police Station, Ground, Government

Colony, Bandra East, Mumbai, shall maintain attendance

records and forward a fortnightly report to the Investigation

Officer, Sadar Bazar Police Station, Solapur City.

(h) The Applicant shall not directly or indirectly make any

inducement, threat or promise to the Respondent No. 3 or

to any person/s acquainted with the facts of the case to

dissuade such person/s from disclosing the facts to the

Court or any police officer.

(i) The Applicant shall not tamper with evidence in any

manner.

(j) Breach of any condition shall entitle the Respondent - State

or Respondent No. 3 - Complainant to cancel this Bail.

12. It is made clear that this temporary bail is granted purely on medical

exigency and not on merits. This order shall not be used to seek or apply for

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Regular Bail.

13. The Bombay High Court Legal Services Committee, Kolhapur Circuit

Bench, shall quantify and pay the fees of Ms. Tanaya Doke, Appointed

Advocate for the Respondent No.3, as per the Legal Aid Scheme.

14. Criminal Bail Application No. 785 of 2026 is accordingly disposed of.

15. List this matter for “Reporting Compliance” on 5th January 2027.

[ ASHWIN D. BHOBE, J. ]

Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.08.19
10:38:04
+0530

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