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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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           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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