Bombay High Court

PRANJAL SHARADCHANDRA PHADNISversusTHE STATE OF MAHARSHTRA AND ANR

Disposal: Allowed

Holding

The court granted interim medical bail to the applicant with specific conditions, noting that the order is based solely on medical necessity and not on the merits of the case.

Summary

The applicant, Pranjal Sharadchandra Phadnis, sought interim bail on medical grounds in connection with FIR No. 314 of 2026 alleging offences under Sections 420, 406, 409, 417, 506 and 34 of the Indian Penal Code. The court examined the medical certificate and the unavailability of required diagnostic facilities at the designated hospital, and considered the applicant's request to be examined at Aster Aadhar Hospital in Kolhapur at his own expense. Both the State and the intervenor did not oppose the bail, subject to strict conditions including a personal bond of Rs.1,00,000, confinement to the hospital, no travel outside Kolhapur, and surrender to jail on 7 September 2026. The court granted temporary medical bail from 21 August to 7 September 2026, emphasizing that the order is on medical grounds and not on the merits of the case. The applicant was directed to comply with reporting, contact, and non‑tampering conditions, and the interim application was disposed.

Issues considered

Whether interim bail can be granted on medical grounds for an accused charged with offences under the IPC.
Whether the court may impose conditions restricting the accused's movement and mandating surrender after medical treatment.
Whether the State's non‑opposition suffices for granting bail without further hearing.

Legislation cited

Indian Penal Code, 1860 — s. 34, 406, 409, 417, 420, 506

Subjects

interim bail
medical bail
Indian Penal Code
Criminal Procedure
Kolhapur
bail conditions
court order

Judgment

966-IA-461-2026 (CR).docx

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

CRIMINAL APPELLATE JURISDICTION

CRI-INTERIM APPLICATION NO. 461 OF 2026
IN
CRIMINAL BAIL APPLN. NO. 740 OF 2026

Pranjal Sharadchandra Phadnis … Applicant
Versus.
The State of Maharshtra asnd Anr. … Respondents

-----
 Mr. S.R. Ganbavale a/w. Mr. Shantanu Patil, Mr. Prithviraj Raorane &
Mr. Sangramsinh Yadav for the Applicant.
 Ms. S.N. Deshmukh, A.P.P. for the Respondents-State.
 Mr. Vaibhav H. Halake for the Intervenor.
 Officers : (i) API Walwekar, EOW, Kolhapur & (ii) Shridhar Kumbhar,
Liaison Officer, Prison present.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 21st August 2026.

Oral Order :

1. Heard Mr. S.R. Ganbavale, learned Advocate for the Applicant, Ms. S.N.

Deshmukh, learned A.P.P. for the Respondents-State and Mr. Vaibhav Halake,

learned Advocate for the Intervenor.

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2. By this Interim Application No. 461 of 2026, the Applicant seeks

interim bail on medical grounds in connection with F.I.R. No. 314 of 2026,

dated 8th July 2026, registered at Hatkanangale Police Station, District

Kolhapur, for offences punishable under Sections 420, 406, 409, 417 and 506

read with 34 of the Indian Penal Code, 1860.

3. On 17th August 2026, the following order was passed:

1. By this Interim Application, the Applicant is seeking medical bail.

2. Mr. S. R. Ganbavale, learned Advocate for the Applicant, submits
that the Applicant requires medical treatment for multiple ailments.
He tenders a schedule for treatment. Photostat copy of the same is
taken on record and marked with “X” for identification. Copy of the
said schedule has been furnished to Ms. Shubhangi Deshmukh,
learned APP for the Respondents – State.

3. Ms. Shubhangi Deshmukh, learned APP for the Respondents,
tenders a copy of the letter dated 16 August 2026, captioned
“Referral to Higher Centre Certificate” issued by Medical
Superintendent, R.C.S.M.G.M.C. & C.P.R. Hospital, Kolhapur, same is
taken on record and marked with “X-1” for identification.

4. Ms. Shuhangi Deshmukh, learned APP for the Respondents, submits
that the facility for diagnosis “Prostatomegaly” is not available and
the prosecution to intends to refer the Applicant to the J. J. Hospital,
Mumbai.

5. Mr. S. R. Ganbavale, learned Advocate for the Applicant, submits
that the Applicant has his family in Kolhapur and he requests for
permission to refer the Applicant for medical examination to Aster
Aadhar Hospital, Kolhapur. He submits that the entire expenses for
medical examination at Aster Aadhar Hospital, Kolhapur would be
exclusively borne by the Applicant. He requests for referral of the

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Applicant to the said Hospital at the earliest. He suggests 19 August
2026.

6. Ms. Shubhangi Deshmukh, learned APP for the Respondents, on
instructions, submits that arrangements would be made to take the
Applicant to Aster Aadhar Hospital, Kolhapur on 19 August 2026 for
the medical examination/tests under an escort. She states that the
Respondents – State shall compute and calculate the escort charges
and inform the Applicant by tomorrow (18 August 2026) by 12.00
noon.

7. Mr. S. R. Ganbavale, learned Advocate for the Applicant, states that
the entire expenses for the medical examination/tests and the escort
would be exclusively borne by the Applicant herein. Statement
accepted.

8. Applicant to deposit the amount payable towards escort charges
with the concerned authority before being taken to the hospital.

9. Mr. S. R. Ganbavale, learned Advocate for the Applicant, states that
the Report shall be produced before this Court on the next date.

10. At the request of Mr. S. R. Ganbavale, learned Advocate for
the Applicant and by consent of parties, list this matter on 25 August
2026 for submitting a report from Aster Aadhar Hospital, Kolhapur.

4. Mr. S.R. Ganbavale, learned Advocate for the Applicant, has placed on

record a Medical Certificate dated 19th August 2026, issued by Dr Sanjay

Deshpande, General Surgeon attached to Aster Aadhar Hospital, Kolhapur,

along with other medical papers of the Applicant. The Medical Certificate and

documents are taken on record and marked as “X - Colly” for identification.

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5. Mr. S.R. Ganbavale, learned Advocate for the Applicant states that

copies of said Medical Certificate and the documents ( X – Colly) are

furnished to Ms. S.N. Deshmukh, learned A.P.P. for the Respondents-State

and Mr. Vaibhav Halake, learned Advocate for the Intervenor. Ms. S.N.

Deshmukh and Mr. Vaibhav Halake confirm the said position.

6. Mr. S.R. Ganbavale, learned Advocate for the Applicant, states that the

medical emergency is borne out by the medical record (X – Colly). He

submits that the Applicant is required to undergo treatment and prior to that,

the stabilisation process, which would require 10 days from the date of

admission to the hospital. Mr. S.R. Ganbavale, therefore, on behalf of the

Applicant, requests temporary medical bail for a limited period commencing

on 21st August 2026 and ending on 7th September 2026.

7. Mr. S.R. Ganbavale, learned Advocate for the Applicant, states that the

entire medical process will be undertaken and completed no later than 6 th

September 2026. He states that the Applicant shall surrender before the Jail

Authority on or before 4.00 p.m. on 7th September 2026. He further states

that the Applicant will not apply for or seek any extension of time on any

count. Mr. S.R. Ganbavale states that the submission and statement made by

him are on behalf and on specific instructions from the Applicant. He states

that the said statements be accepted as statements to the Court.

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8. Ms. S.N. Deshmukh, learned A.P.P. for the Respondent-State, submits

that in view of the medical condition and the need for the medical procedure

as submitted by Mr. S.R. Ganbavale based on the Medical records (X – Colly),

the Respondent-State does not oppose the said request for medical bail. Ms.

S.N. Deshmukh, however, submits that the said period from 21 st August 2026

to 7th September 2026 should be availed for medical treatment and should

not be extended on any count.

9. Ms S.N. Deshmukh, learned A.P.P. for the Respondent-State submits

that even if the Applicant requires post-surgery treatment after 7 th September

2026, the same should be availed by the Applicant from the District Civil

Hospital after surrendering. Mr. S.R. Ganbavale, learned Advocate for the

Applicant, on instructions, agrees to the suggestion made by Ms. S.N.

Deshmukh, learned A.P.P. for the Respondent-State. Mr. S.R. Ganbavale

reiterates that the Applicant shall neither seek nor apply for extension of the

medical bail.

10. Mr. Vaibhav Halake, learned Advocate for the Intervenor, states that the

Intervenor does not oppose the interim bail. Mr. Vaibhav Halake adopts the

submissions made by Ms. S.N. Deshmukh, learned A.P.P. for the Respondents-

State.

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11. In view of the above, this Interim Application No. 461 of 2026 is

allowed on the following conditions:-

(a) The Applicant is granted temporary bail in connection with
F.I.R. No. 314 of 2026, commencing on 21st August 2026 and
ending at 4:00 p.m. on 7th September 2026.

(b) The Applicant shall be released on interim bail in connection
with F.I.R. No. 314 of 2026, dated 8th July 2026, registered
with Hatkanangale Police Station, District Kolhapur, upon
executing a P.R. bond of Rs.1,00,000/- with one or two sureties
in the like amount, to the satisfaction of the Judicial Magistrate
First Class, Ichalkaranji.

(c) The Applicant shall not, directly or indirectly, make any
inducement, threat or promise 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.

(d) The Applicant shall not tamper with evidence in any manner.

(e) The Applicant shall be at Aster Aadhar Hospital, Shastri Nagar,
Kolhapur and shall not move out of the said hospital during the
entire period of Interim Bail commencing from 21 st August 2026
upto 7th September 2026.

(f) The Applicant shall furnish his contact/Mobile/WhatsApp
number, as well as that of his immediate family member, to the
Investigating Officer, Hatkanangale Police Station, District
Kolhapur.

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(g) The Applicant shall not travel outside the territorial jurisdiction
of Kolhapur.

(h) The Applicant shall surrender before the Kalamba Jail Authority
on or before 4:00 p.m. of 7th September 2026.

(i) Applicant shall not be entitled to extension of period of bail.

(j) Statements made by Mr. S.R. Ganbavale, learned Advocate for
the Applicant on behalf of the Applicant are taken on record.

12. This interim bail is considered on medical grounds, not on merits. The

Applicant shall not use or cite this order at any time or for arguments on

merits.

13. Interim Application No. 461 of 2026 is disposed.

14. List Interim Application No. 461 of 2026 on 8 th September 2026,

under the caption “For Reporting Compliance”.

[ ASHWIN D. BHOBE, J. ]

Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.08.21
18:10:27
+0530

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