AMBADAS LAXMAN GAVADEversusTHE STATE OF MAHARASHTRA AND ANR.

                                                                                       501-IA629-2026.docx


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIRCUIT BENCH AT KOLHAPUR
                                        CRIMINAL APPELLATE JURISDICTION
VAIBHAV
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.10.01
20:22:29 +0530
                                        INTERIM APPLICATION NO.629 OF 2026
                                                        IN
                                          CRIMINAL APPEAL NO.18 OF 2026

                      Ambadas Laxman Gavade                                … Applicant
                                   V/s.
                      The State of Maharashtra & Anr.                      … Respondents

                      Mr. Darshan Singh Rajpurohit i/by Mr. Ritesh M. Thobde
                      for the Applicant.
                      Dr. A. A. Takalkar, APP for the State.
                      Mr. Ishaan Kapse for Respondent No.2.
                      Mr. Ganesh Shinde, Prob. DYSP, Mandrup Police Station, is
                      present.

                                                        CORAM        : ASHWIN D. BHOBE, J.

                                                        DATED        : OCTOBER 1, 2026
                      P.C.:


                      1.      This Interim Application is circulated pursuant to the praecipe

                      dated 1st October 2026. In view of the urgency expressed by Mr.

                      Darshan Singh Rajpurohit, learned Advocate for the Applicant,

                      circulation was granted and the matter was ordered to be placed on the

                      ‘Production Board’.


                      2.      By this Application, the Applicant has sought the following

                      substantive relief:

                              “b.    Pending the hearing and final disposal of Criminal Appeal No. 18 of
                              2026, the substantive sentence imposed upon the Applicant vide Judgment


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      and Order dated 06.12.2025 passed by the Ld. Special Judge (POCSO),
      Solapur in Spl. Case No.300/2020, be temporarily suspended for a period of
      13 days, and the Applicant be released on temporary bail for a specific and
      limited period of 13 days on humanitarian grounds to attend the funeral,
      perform the last rites and 13-day customary rituals of his deceased mother
      and be present with his family, on such terms and conditions as this Hon’ble
      Court may deem fit and proper.”

3.    Mr. Darshan Singh Rajpurohit, learned Advocate for the

Applicant, states that notice of this Application is served on Mr. Ishaan

Kapse, learned Advocate for Respondent No. 2, and Dr. A. A. Takalkar,

learned APP for the State.


4.    Mr. Darshan Singh Rajpurohit, learned Advocate for the

Applicant, states that the mother of the Applicant passed away on 27th

September 2026. He submits that the last rituals to be performed are

scheduled from 5th October 2026 till 9th October 2026. He submits that

though the Applicant could not attend the last rites of his mother, the

Applicant intends to perform the last rituals on the aforesaid dates. He,

therefore, submits that the Applicant seeks temporary bail. He, on

specific instructions from the Applicant, states that the Applicant, if

granted temporary bail, shall restrict his movement to his residential

address at Gavade Wadi, Taluka Solapur, and shall not indulge in any

other activities. He states that the Applicant shall surrender before the

Kalamba Central Jail authorities on 10th October 2026, latest by 12:00

noon. He submits that the Applicant will not apply for extension of the

period of temporary bail.


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5.    Dr. A. A. Takalkar, learned APP for the State, on instructions of

Mr. Ganesh Shinde, Prob. DYSP, Mandrup Police Station, submits that

though the Applicant has been charged for serious offences under

POCSO, considering the demise of the mother of the Applicant and the

need for the Applicant to be present for the last rituals, the prosecution

does not oppose the said request for temporary bail for the period

commencing from 5th October 2026 up to 10th October 2026. She,

however, submits that stringent conditions be imposed.


6.    Mr. Ishaan Kapse, learned Advocate for Respondent No. 2,

endorses the submissions of Dr. A. A. Takalkar, learned APP.


7.    In view of the statements made by Mr. Darshan Singh Rajpurohit,

learned Advocate for the Applicant, and the fair stand taken by the

prosecution, as recorded hereinabove, this Application for temporary

bail is allowed on the following conditions:


      (a)   The Applicant in Crime No. 136 of 2020, registered with

      Mandrup Police Station, shall be released on temporary bail upon

      furnishing a PR bond of Rs. 25,000/- (Rupees Twenty Five

      Thousand only) with one or two sureties in the like amount, to

      the satisfaction of the Special Judge (POCSO), Solapur.


      (b)   The period of temporary bail shall commence from 5th

      October 2026 and end at 12:00 noon on 10th October 2026. This

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      period shall not be extended.


      (c)   The Applicant shall not indulge or involve himself in any

      criminal activity.


      (d)   This temporary bail is granted for the specific purpose of

      the Applicant performing or remaining present for the last rituals

      of his late mother.


      (e)   The Applicant shall appear before the Investigating Officer,

      Mandrup Police Station, Solapur, on 7th October 2026 from 10:00

      A.M. to 11:00 A.M.


      (f)   The Applicant shall immediately upon his release furnish

      his contact number (Mobile and WhatsApp Number) to the

      Investigation Officer, Mandrup Police Station, Solapur.


      (g)   The Applicant shall surrender before the Kalamba Central

      Jail on or before 12:00 noon of 10th October 2026.


8.    This temporary bail is granted for the limited period and purely

on humanitarian ground.


9.    List this matter on 12th October 2026, First on Board, for

reporting compliance.




                                          (ASHWIN D. BHOBE, J.)

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