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Bombay High Court

BHIMRAO RAMU MAGDUMversusTHE STATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

The application for temporary bail was disposed of without granting bail.

Summary

The appellant, Bhimrao Ramu Magdum, filed an interim application seeking temporary bail on medical grounds, citing diabetes, severe toothache, and the need for artificial dentures at J.J. Hospital in Mumbai. The respondent's counsel acknowledged that the required treatment is unavailable in Kolhapur and that the State would bear the expenses for transporting the appellant to Mumbai. Both parties presented no objections to the application. The court recorded the respondent's statement and, finding no necessity for further orders, disposed of the application without granting bail. Consequently, the appellant remains in custody pending the main criminal appeal.

Issues considered

  • Whether temporary bail should be granted on medical grounds in the circumstances presented

Subjects

  • temporary bail
  • medical grounds
  • criminal appeal
  • health
  • bail application

Judgment

                                                             5-CRIA-469-2026.doc


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR
                    CRIMINAL APPELLATE JURISDICTION
                  INTERIM APPLICATION NO. 469 OF 2026
                                  IN
                    CRIMINAL APPEAL NO. 1431 OF 2023

Bhimrao Ramu Magdum              ...Applicant.
In the Matter in Between :
Bhimrao Ramu Magdum              ...Appellant.
        Versus
The State of Maharashtra         ...Respondent.
                                 ——————
Ms. Pallavi Thorat, for the Applicant.
Dr. Ashvini A. Takalkar, APP, for the Respondent-State.
Mr. Shridhar H. Kumbhar, Liaison Oicer, Prison is present.
                                 ——————
                                   Coram :       Sharmila U. Deshmukh &
                                                 Neeraj P. Dhote, JJ.
                                   Date      : August 25, 2026.
P. C. :

1.        This is an application for temporary bail on medical ground.

According to the Applicant, he is sufering from diabetes, severe

toothache and advised artiicial dentures to be done at J. J. Hospital,

Mumbai and, therefore, be released on bail.

2.        The learned APP, on instructions, submits that the treatment,

which the Applicant is required to undergo is not available at Kolhapur

and, therefore, he is referred to J.J. Hospital, Mumbai, for the said

treatment. She further submits that the State would bear the expenses

for carrying the Applicant to J.J. Hospital, Mumbai for the said

treatment at Mumbai.


Gaikwad RD                          1 of 2
                                                                                5-CRIA-469-2026.doc


                        3.      The learned counsel for the Applicant submits that in view of the

                        statement made by the learned APP, she do not press the application.

                        4.      The aforesaid statement made by the learned APP is taken on

                        record.

                        5.      In view of the submissions by both the sides, no orders are

                        necessary and the application stands disposed of.



                         [Neeraj P. Dhote, J.]                      [Sharmila U. Deshmukh, J.]

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.08.25
           22:20:35
           +0530




                        Gaikwad RD                       2 of 2


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