901-BA-785-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 785 OF 2026 Samarsenjit @ Tipu Pramod Gaikwad … Applicant Versus. The State of Maharashtra & Ors. … Respondents -----  Ms. Vrushali Maindad for the Applicant.  Mr. S.S. Chaudhari, A.P.P. for the Respondent Nos.1 & 2-State.  Ms Tanaya Doke, Appointed Advocate for the Respondent No.3 (Appointed under Legal Aid vide order date 17/08/2026) .  Mr. Viresh Purwant (Through V.C.) a/w. Mr. Ashutosh Purwant for the Respondent no. 3- Complainant.  Officer :- API Raigonda Patil & HC/483 Kishor Pawar, Sadar Bazar Police Station, District Solapur City, present. ------- Coram : ASHWIN D. BHOBE, J. Date : 18th August 2026. PER COURT : 1. Heard, Ms. Vrushali Maindad, learned Advocate for the Applicant, Mr. Chaudhari learned A.P.P. for the Respondent Nos. 1 & 2-State, Mr. Viresh Purwant, learned Advocate for the Respondent No. 3- Complainant and Ms. Tanaya Doke learned Advocate for the Respondent No. 3 (appointed under osk 1 of 9 901-BA-785-2026 (CR).docx Legal Aid). 2. By the present Application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks bail in connection with Crime No. 01 of 2025, dated 1st January 2025, registered at Sadar Bazar Police Station, District Solapur City, for offences punishable under Sections 109, 118(2), 118(1), 115(2), 189(2), 189(4), 190, 191(2), 191(3), 352, 351(2), 351(3), 74 of the Bharatiya Nyaya Sanhita, 2023, and Section 7 of the Criminal Law (Amendment) Act, 1932. Crime No. 01 of 2025 is registered as Sessions Case No. 80 of 2025. 3. The Applicant had earlier filed the following Bail Applications :- i. 1st Bail Application filed by the Applicant before the Sessions Court was rejected on 4th March 2025 (page 408). ii. 2nd Bail Application filed before the Sessions Court was rejected on 22nd September 2025 (page 413). iii. Criminal Bail Application No. 3493 of 2025 was rejected by this Court (1st Bail Application) on 11th March 2026 (page 425). iv. 3rd Bail Application filed before the Sessions Court was rejected on 4th August 2026 (page 459). v. This is the 2nd Bail Application before this Court. osk 2 of 9 901-BA-785-2026 (CR).docx 4. Ms. Vrushali Maindad, learned Advocate for the Applicant, states that the Applicant before this Court is seeking bail on medical grounds. To clarify, she states that the Applicant’s minor son has been diagnosed with “Thalassaemia Major”, a hereditary blood disorder requiring regular medical care and blood transfusion support. She states that the SRCC Children’s Hospital, managed by Narayana Health, Mumbai, has recommended that the minor son proceed with a Haploidentical Bone Marrow Transplant at NH SRCC Children’s Hospital, Mumbai. She submits that the Applicant, being the father, is the match for the Bone Marrow Transplant Surgery. She tenders a photostat Certificate dated 18th August 2026, issued by Narayana Health, indicating the nature of the ailment and the treatment required for the minor son, same is taken on record and marked as “X” for identification. 5. The contents of the Certificate dated 18th August 2026 are reproduced herein : “This is to certify that Master Ranveer Gaikwad (MRN: 12520000160227), a 7-year-old male child and son of Mr. Samersenjit Galkwad, has been diagnosed with Thalassemia Major, a hereditary blood disorder requiring regular medical care and blood transfusion support. The patient was first seen at our hospital in July 2023 and has since been under regular medical follow-up. He is currently dependent on regular blood transfusions and continues to be osk 3 of 9 901-BA-785-2026 (CR).docx monitored through our Outpatient Department (OPD). Hematopoletic Stem Cell Transplantation (HSCT) is the only definitive and potentially curative treatment option for his underlying condition. In view of his clinical condition and disease status, he has been planned for a haploldentical bone marrow transplant at NH SRCC Children's Hospital, Mumbai. Master Ranveer does not have a 100% HLA-matched donor available through his family or stem cell donor registries. His father, Mr. Samersenjit Gaikwad, has been identified as a 50% HLA- matched (haploidentical) donor. The HLA typing report is enclosed for reference. The patient is scheduled to undergo haploidentical bone marrow transplantation in December 2026. However, he and his intended donor, his father, will need to remain under regular and close medical follow-up at NH SRCC Children's Hospital from August 2026 onwards as part of the pre-transplant evaluation, preparation, and management. Following the transplant, the patient will require close medical monitoring and follow-up for at least one year after transplantation to monitor for complications and assess transplant outcomes. As the intended donor, his father will also require medical follow-up and observation for up to approximately three months following the donation procedure, as clinically indicated.” 6. Based on the said Certificate (X), Ms Vrushali Maindad, learned osk 4 of 9 901-BA-785-2026 (CR).docx Advocate for the Applicant, submits that the Applicant restricts the request for temporary Medical Bail to the period commencing from 21st August 2026 up to 4th January 2027. She, on instructions from the Applicant, states that the Applicant does not seek Bail on merits. 7. Ms. Vrushali Maindad, learned Advocate for the Applicant, states that the Applicant shall use the liberty only for the purpose of attending to his son's treatment. She further states that the Applicant shall remain within the jurisdiction of Mumbai during the entire period of temporary bail and shall not leave it. She submits that the Applicant shall reside at his sister’s place in Bandra, Mumbai. She further submits that, in the event the request for temporary bail on medical grounds is considered, the Applicant shall abide by all conditions as this Court may deem fit and proper to impose. 8. Mr. Chaudhari, learned A.P.P. for the Respondent Nos. 1 & 2-State and Mr. Viresh Purwant, learned Advocate for the Respondent No. 3 - Complainant, submit that, as the temporary bail is required to attend to the medical condition of the Applicant's minor son, they do not oppose the grant of temporary bail for the period commencing from 21st August 2026 up to 4th January 2027. They, however, insist that amongst other conditions, the Applicant shall not seek any extension of the period of temporary bail and shall surrender before the jail Authorities a day prior to the expiry of the bail osk 5 of 9 901-BA-785-2026 (CR).docx period. 9. Ms. Tanaya Doke, learned Advocate for the Respondent No.3 (appointed under the Legal Aid), does not oppose the request for temporary bail, the ground being medical. 10. Ms. Vrushali Maindad, learned Advocate for the Applicant, on instructions, states that the Applicant shall not apply for an extension of the bail period and shall not misuse his liberty. 11. In view of the aforesaid facts and circumstances, the urgent need for the Applicant to be with his minor son on medical grounds and the no- objection given by Mr. Chaudhari, learned A.P.P. for the Respondent Nos. 1 & 2-State, and by Mr. Viresh Purwant, learned Advocate for the Respondent No. 3-Complainant, the Applicant is granted temporary medical bail on the following conditions :- (a) The period of the temporary bail shall commence on 21st August 2026 and continue until 4:00 p.m. on 4th January 2027. (b) The Applicant shall be released on bail upon furnishing a PR bond of Rs. 50,000/- (Rupees Fifty Thousand only) and one or two local sureties in the same amount, to the satisfaction osk 6 of 9 901-BA-785-2026 (CR).docx of the Trial Court. (c) The Applicant shall surrender before the Jail Authority before 4:00 p.m. on 4th January 2027. The Applicant shall report compliance before this Court on 5th January 2026. (d) The Applicant shall not apply for extension of this temporary bail. (e) The Applicant shall, within Seven (7) days of his release, provide the Investigating Officer, Sadar Bazar Police Station, Solapur City, with his residential address for the period from 21st August 2026 to 4th January 2027, his contact numbers, cell / WhatsApp No. and must inform the Investigating Officer of any changes to this information from time to time. The Applicant shall keep his mobile and WhatsApp within range throughout the period of temporary bail. (f) The Applicant shall not leave the jurisdiction of Mumbai without permission from the Officer -in-Charge of Kherwadi Police Station, Ground, Government Colony, Bandra East, Mumbai. (g) During the period of temporary bail, the Applicant shall osk 7 of 9 901-BA-785-2026 (CR).docx appear and report to the Officer-in-Charge, Kherwadi Police Station, Ground, Government Colony, Bandra East, Mumbai, on the first Monday of every week commencing from 24.08.2026 between 10:00 a.m. and 11:00 a.m., until the expiry of the period of temporary bail. The Officer-in- Charge, Kherwadi Police Station, Ground, Government Colony, Bandra East, Mumbai, shall maintain attendance records and forward a fortnightly report to the Investigation Officer, Sadar Bazar Police Station, Solapur City. (h) The Applicant shall not directly or indirectly make any inducement, threat or promise to the Respondent No. 3 or 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. (i) The Applicant shall not tamper with evidence in any manner. (j) Breach of any condition shall entitle the Respondent - State or Respondent No. 3 - Complainant to cancel this Bail. 12. It is made clear that this temporary bail is granted purely on medical exigency and not on merits. This order shall not be used to seek or apply for osk 8 of 9 901-BA-785-2026 (CR).docx Regular Bail. 13. The Bombay High Court Legal Services Committee, Kolhapur Circuit Bench, shall quantify and pay the fees of Ms. Tanaya Doke, Appointed Advocate for the Respondent No.3, as per the Legal Aid Scheme. 14. Criminal Bail Application No. 785 of 2026 is accordingly disposed of. 15. List this matter for “Reporting Compliance” on 5th January 2027. [ ASHWIN D. BHOBE, J. ] osk 9 of 9 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.08.19 10:38:04 +0530