Bombay High Court
KARAN S/O. PANDIT RATHODversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The court allowed the interim bail, permitting the applicant's temporary release subject to conditions.
Summary
The applicant, Karan, son of the deceased Pandit Sona Rathod, was incarcerated in Nashik Road Central Prison pending a substantive bail application in FIR No. 23 of 2026. He filed an interim application seeking temporary bail from 19 September 2026 to 24 September 2026 to perform mandatory post‑death religious rituals for his father. The court considered whether the humanitarian need for participation in the "Dashkria Vidhi" and "Gandha Mukti" ceremonies justified a short‑term release, and whether the requirement of personal swearing of an affidavit could be waived due to his incarceration. Relying on the principles of compassion and the limited risk of tampering with evidence, the court granted the interim bail on personal recognizance with sureties and imposed strict reporting and surrender conditions. The order directed the jail authorities to implement the bail and required the applicant to report daily to the police and not influence witnesses.
Issues considered
- Whether interim bail may be granted to enable the accused to attend mandatory funeral rituals.
- Whether the requirement of personal swearing of an affidavit can be dispensed with for an incarcerated applicant.
Subjects
- interim bail
- temporary release
- funeral rites
- personal recognizance bond
- sureties
- Criminal Procedure Code
- compassionate grounds
Judgment
2. CRI IA-3301-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3301 OF 2026
IN
BAIL APPLICATION NO. 2439 OF 2026
Karan S/o. Pandit Rathod .. Applicant
Versus
The State of Maharashtra & Ors. .. Respondents
....................
Mr. Dhananjay B. Thoke, Advocate for Applicant
Mr. Sukanta A. Karmakar, APP for State
Mr. Vilas Pandit Bagade, HC/1163
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 18, 2026
P. C.:
1. Heard Mr. Thoke, learned Advocate for Applicant and Mr.
Karmakar, learned APP for State.
2. Perused the Interim Application. It is stated that Applicant has
lost his father on 11.09.2026. In paragraph No.4, Applicant has given
details of funeral rituals which are scheduled from 20.09.2026 to
23.09.2026. In view thereof, Mr. Thoke persuades the Court to grant
temporary / interim bail to the Applicant from 19.09.2026 to
24.09.2026.
3. Perused the Interim Application. For the reasons stated therein,
Interim Application is allowed in terms of prayer clauses (a) and (b)
which reads thus:-
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"a) This Honourable Court may kindly, allow the present Interim
Application and order the release of the Applicant, Karan S/o Pandit
Rathod, who presently lodged in the Central Prison Nasik, on
temporary/interim bail for a continuous period commencing from
19.09.2026 to 24.09.2026, upon furnishing a Personal Recognizance
(P.R.) bond with one or more local solvent sureties in such sum as
this Hon'ble Court may deem fit and proper, in connection with
Crime / FIR No. 23 of 2026 registered with Chhawani Police Station,
Taluka Malegaon, District Nashik (presently pending in substantive
Criminal Bail Application No. 2439 of 2026), to enable the
Applicant, being the youngest son, to perform and participate in the
mandatory post-death customary religious rituals of his deceased
father Late Pandit Sona Rathod, namely the "Dashkria Vidhi"
scheduled on 20.09.2026 at Ramkund, Nashik, and the "Gandha
Mukti (Terave)" scheduled on 23.09.2026 at Village Chandanpuri,
Taluka Nandgaon, District Nashik, with a direction to surrender back
to the Superintendent, Nashik Road Central Prison on 25.09.2026
by 10:00 a.m.;
b) Dspense with the requirement of personal swearing / physical
affirmation of the affidavit in support of the present application by
the Applicant himself on account of his continuous incarceration in
Nashik Road Central Prison;
4. In view of the above, Applicant is released on temporary /
interim bail on the following further terms and conditions:-
(i) Applicant is directed to be immediately released on
temporary / interim bail from 19.09.2026 to
25.09.2026 in connection with Crime / FIR No. 23 of
2026 registered with Chhawani Poilce Station, Taluke
Malegaon, Dist. Nashik on furnishing P.R. Bond of Rs.
10,000/- (Rs. Ten Thousand only) with one or two local
sureties in the like amount;
(ii) Applicant is permitted to furnish provisional cash bail
of Rs. 10,000/- to the Superintendent of Nashik Central
Prision for his release immediately and file undertaking
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that he will provide one or two local sureties in the like
amount of Rs. 10,000/- with the Investigating Officer,
Chhawani Police Station, Malegaon, Dist. Nashik within
two days after his release;
(iii) Applicant is directed to be released on temporary /
interim bail on 19.09.2026 at 07.00 a.m. and he shall
surrender back to the Nashik Road Central Prison on
25.09.2026 at 10.00 a.m.;
(iv) Applicant shall report to Nandgaon Police Station,
Taluka Nandgaon, District Nashik on all days when out
on bail in the evening between 8.00 p.m. to 9.00 p.m.
after his release on temporary / interim bail for the
period between 19.09.2026 & 24.09.2026;
(v) The concerned Jail Authorities namely Nashik Road
Central Prison where the Applicant is lodged is directed
to act on a server copy of this order downloaded from
the website of the Bombay High Court. They shall
immediately act upon the present order after it is
uploaded;
(vi) Applicant shall provide the Investigating Officer with
his proposed residential address and mobile number;
(vii) Needless to state that Applicant shall not influence any
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2. CRI IA-3301-26.odt
of the witnesses or tamper with the evidence in any
manner.
5. All parties to act on a server copy of this order downloaded from
the website of the Bombay High Court / copy of this order duly
authenticated by Senior Private Secretary attached to this Court.
6. Interim Application is allowed and disposed of in the above
terms.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.09.18
15:09:42
+0530
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