35. CRI BA-3298-26 & 3301-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3298 OF 2026 Deepak Mohan Phad .. Applicant Versus The State of Maharashtra .. Respondent WITH BAIL APPLICATION NO. 3301 OF 2026 Deepak Mohan Phad .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Priyal G. Sarda i/by Mr. Shubham Sane, Advocates for Applicant  Ms. Anuja S. Gotad, APP for State ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 1, 2026 P. C. : 1. Heard Mr. Sarda, learned Advocate for Applicant and Ms. Gotad, learned APP for State. 2. Bail Application No. 3298 of 2026 is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with FIR No. FIR No. 758 of 2024 registered with Panvel City Police Station, Raigad for offences under Sections 316(5), 318(4), 336, 337, 338, 339, 341, 178, 179, 181, 182, 183, 184 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 whereas Bail Application No. 3301 of 2026 is filed 1 of 6 35. CRI BA-3298-26 & 3301-26.odt under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with FIR No. 670 of 2024 registered with Panvel City Police Station, Raigad for offences punishable under Sections 336, 337, 338, 339, 341, 238, 45, 217(kh), 222, 178, 179, 181, 182, 183, 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023. Applicant / accused person in both the Applications is the same. 3. On 25.08.2026 after hearing the request made by Mr. Sarda, learned Advocate for Applicant to grant medial bail, this Court passed the following order:- 1. Heard Mr. Sarda, learned Advocate for Applicant; Ms. Gotad, learned APP for Respondent – State in Bail Application No.3298 of 2026 and Ms. Newton, learned APP for Respondent – State. 2. Applicant seeks medical bail on the ground that he is undergoing post-operative recovery after haemorrhoidectomy and it is submitted that the Applicant is suffering from continuous active bleeding. 3. The concerned Jail Authority / Jail Doctor shall examine the Applicant and prepare a preliminary report and place the same before this Court within a period of one week from today to enable this Court to consider passing further orders with regard to the Applicant’s present Applications as also his medical ailment. 4. Stand over to 1st September 2026. To be placed under the caption ‘For Directions’. 5. Parties are directed to act on a server copy of this order downloaded from the website of the High Court of Bombay. 4. It was noted in the order that Applicant was suffering from continuous active and bleeding and hence, prisoner's medical report was called for. 5. Prisoner's medical report is made available today by learned APP. It is prepared by the Chief Medical Officer of Taloja Central 2 of 6 35. CRI BA-3298-26 & 3301-26.odt Prison where the Applicant has been housed. It is stated in the said report that the said prisoner was examined by Prison Medical Officer where he has complained of PR bleeding intermittently, anal pain & burning during defecation. That he has constipation intermittently, Cervical pain with right upper limb pain and treatment is provided to him accordingly. It is stated that the said prisoner underwent hemorrhoidectomy surgery under spinal anesthesia on dated 10.07.2026 and is advised post operative rehabilitation, he is advised warm sitz bath 4-5 times per day and high fiber diet. It is also stated that the prisoner is having backache and cervical pain with right upper limb radiculopathy for which he is under treatment from visiting physiotherapist at present. It is stated that at present he is afebrile (not having a fever) and G.C. good, but he will be referred to higher center as and when needed with availability of police escort. 6. Applicant is indicted in the offences for cheating and forgery. Applicant is a government servant who was working as a Junior Clerk in Panvel District Court. However considering the Applicant’s present condition which is prima facie seen from the prisoner’s medical report and physical examination done by the Chief Medical Officer which is prima facie evident from the material placed before me, I am inclined to grant the Applicant medical bail for a period of four months from today. I am conscious of the fact that Applicant in his Bail Application 3 of 6 35. CRI BA-3298-26 & 3301-26.odt on medical ground has requested medial bail for two months, however considering the precarious health condition of the Applicant which is prima facie evident on the basis of the prisoner’s medical report as also the recent surgery which he has undertaken in the month of July, 2026, I am inclined to grant medical bail to the Applicant for a period of four months. Applicant shall surrender to prison authorities after the period of four months is over. 7. In view of the above the following order is passed:- (i) Applicant is directed to be immediately released on bail from prison for a period of 4 months in connection with Crime Nos. 670 of 2024 and 758 of 2024; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five only) with one or two sureties in the like amount; (iii) Applicant is permitted to furnish provisional cash bail of Rs.25,000/- for his release immediately and file undertaking that he will provide one or two sureties in the like amount of Rs.25,000/- within a period of four weeks after his release which shall be accepted by the Trial Court. Applicant shall provide sureties as directed (iv) Applicant shall report to the Investigating Officer at Panvel City Police Station, once every month on the 4 of 6 35. CRI BA-3298-26 & 3301-26.odt first Sunday of the month between 10:00 a.m. to 02:00 p.m.; (v) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (vi) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vii) Applicant shall not influence with any of the witnesses or tamper with the evidence in any manner; (viii)Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (ix) Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 8. Needless to state that the above observations will not come in the way of trial as they are prima facie in nature based on the submissions made and the material placed before this Court. 5 of 6 35. CRI BA-3298-26 & 3301-26.odt 9. Both the Bail Applications are allowed and disposed of in the above terms. Amberkar [ MILIND N. JADHAV, J. ] 6 of 6 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.01 15:03:49 +0530