Bombay High Court
DINESH POPAT THOMBAREversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail condition (g) is deleted and substituted with a modified condition permitting monthly appearance before the Investigation Officer and mandatory attendance at all trial dates after the trial commences.
Summary
The High Court considered an interim application filed by Dinesh Popat Thombare seeking relaxation of bail condition (g) imposed in the bail order dated 18 June 2026. The applicant argued that his ten‑year‑old son’s serious medical ailment required him to be exempted from the monthly appearance before the Investigation Officer. The State opposed the request. The Court, after hearing counsel, found the medical exigency sufficient and ordered that condition (g) be deleted and replaced with a modified condition requiring monthly presence before the Investigation Officer and attendance at all trial dates after the trial commences. The interim application was disposed.
Issues considered
- Whether bail condition (g) requiring monthly appearance before the Investigation Officer can be relaxed on account of the applicant's son's medical ailment
Subjects
- bail
- interim application
- relaxation of bail condition
- medical emergency
- Criminal Procedure Code
Judgment
20. CRI IA-3036-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3036 OF 2026
IN
BAIL APPLICATION NO. 2231 OF 2026
Dinesh Popat Thombare .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Krishna Joshi a/w Mr. Nikitesh Kotangale, Mr. Suhas Sarwade,
Mr. Amit Jaiswar & Mr. Nishant Singh, Advocates for Applicant
Ms. Anuja S. Gotad, APP for State
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 3, 2026
P. C.:
1. Heard Mr. Joshi, learned Advocate for Applicant and Ms. Gotad,
learned APP for State.
2. Present Interim Application is filed seeking relaxation of bail
condition (g) as appearing on page No. 23 of the Application in bail
order dated 18.06.2026 (Coram : Ashwin D. Bhobe, J.). The ground
for relaxation of the said condition are stated in paragraph No. 12 to
14 of the Application.
3. Mr. Joshi makes out a case that, in view of the medical ailment
of the Applicant’s 10-year-old son, the said condition of bail be relaxed
in view of the exigency mentioned. In that view of the matter, I am
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20. CRI IA-3036-26.odt
inclined to accept the submissions made by Mr. Joshi and relax the bail
condition (g) apperaing in bail order dated 18.06.2026.
4. In view of the above, the bail condition (g) in the order dated
18.06.2026 stands deleted and substitued by follwing condition:-
"(g) Till conclusion of trial in Sessions Case No. 211 of 2025,
Applicant shall mark his presence once every month on
the first Sunday of the month before the Investigation
Officer, Wakad Police Station and after the trial
commences, shall appear on all dates of hearing before
the Trial Court as and when the matter is fixed."
5. This order shall be read along with order dated 18.06.2026.
6. All parties to act on a server copy of this order downloaded from
the website of the Bombay High Court.
7. Interim Application is disposed.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.09.03
20:43:55 +0530
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