BA.1190.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1190 OF 2026 Ramdas Jagganath Ingale .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Ranjeet M. Pawar, Advocate for Applicant  Ms. Rajeshree V. Newton, APP for State  Mr. Ekta Patil a/w Mr. Prashant Hagare, Advocates for Intervenor / Complainant  Mr. Kashiraj V. Jadhav, PSI, Baramati Taluka Police Station, Pune ......…........... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 16, 2026. P.C.: 1. Heard Mr. Pawar, learned Advocate for Applicants and Mr. Newton, learned APP for Respondent – State. 2. Present Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 by Petitioner seeking enlargement on bail in connection with FIR No.370 of 2025 registered with Baramati Taluka Police Station for the offences punishable under Section 103, 11(2), 352 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. Case of Applicant is considered on grounds of his health status on Medical Bail. 4. Briefly stated, certain disputes regarding ancestral property 1 of 10 BA.1190.2026.doc arose between Applicant and deceased person. On 10.09.2025, deceased called Applicant and Accused No.2 to resolve their property disputes. It is prosecution’s case that Applicant allegedly started abusing the deceased and Accused No.2 allegedly assaulted the deceased with kicks and blows before Applicant allegedly caught the deceased and Accused No.2 allegedly attacked the deceased with a sharp knife like weapon on his neck and causing injuries from which deceased succumbed to and expired. Thereafter, First Information Report was filed on 11.09.2025 by Sunita Vishnu Ingle and Chargsheet was filed on 03.12.2025. 5. Mr. Pawar, learned Advocate for Applicant would submit that Applicant is a 65 year old infirm who is suffering from various ailments due to his advanced age. He would submit that no recovery of murder weapon was effected and neither is there any material in the chargsheet to show that there was a criminal conspiracy to murder the deceased person. He would submit that Applicant suffered from congestive cardiac failure with severe anemia secondary to megaloblastic anemia with accelerated hypertension in a freshly diagonised chronic kindey diseased with hypoproteninemia and is taking blood transfusion with bone marrow biopsy. He would submit that Applicant is further suffering from Cholelithiasis without cholecystitis and showing general weakness. He would submit that this shows advanced stage of Stage IV Chronic Kindey Disease. He would 2 of 10 BA.1190.2026.doc submit that Applicant is at increased risk of heart attacked, stroke and sudden cardiac arrest as well. He would submit that while in custody Applicant underwent various episodes of giddiness, fever, breathlessness, and decreased appetite causing generalized weakness. He would urge this Court to enlarge Applicant on bail in light of his advanced age and serious ailments suffered in custody. 6. Ms. Newton, learned APP would submit that Applicant’s medical conditions are treatable at Yerwada Prison Hospital. She would draw my attention to Medical Report dated 09.09.2026 and submit that a list of medical facilities available at the Yerwada Prison Hospital shows that 21 facilities pertinent to treatment of Applicant’s medical conditions are present at the Hospital itself. She would submit that Applicant was admitted to Sassoon Hospital, Pune from 19.12.2025 to 13.01.2026 and 02.03.2026 and 04.03.2026 and was discharged in a stable condition. She would submit that on 07.08.2026 Applicant was admitted to Sassoon Hospital, Pune and his medical report of his chest x-way shows that no significant abnormality detected and in that regard certain medications were advised. She would submit that Applicant is in stable condition and under close treatment at Yerwada Prison Hospital, Pune and is being treated in accordance with the advice of doctors at Sassoon General Hospital therefore she would urge his Court to dismiss present Bail Application. 3 of 10 BA.1190.2026.doc 7. I have heard the learned Advocates appearing for the parties and with their able assistance, perused the record of the case. Submissions made by learned Advocates at the bar have received due consideration of the Court. 8. It is seen that Applicant’s medical reports are appended to the Application. Pursuant to direction of this Court passed in order dated 03.09.2026, Chief Medical Officer, Yerwada Central Prison filed Medical Report of Applicant. It shows that presently, medical condition of Applicant is stable and is under treatment at the prison hospital itself. However, perusal of the medical papers appended would paint a worrying picture. It is seen that Applicant is constantly sufferring from various ailments and was repeatedly admitted to Sassoon General Hospital numerous times, each with a different medical complaint. 9. A striking fact that stands out is that Applicant was arrested on 11.09.2025 and on 20.12.2025 i.e within just over one month of his incarceration, he was admitted to Sassoon General Hospital for blood transfusion and bone marrow biopsy. Medical Report dated 23.12.2025 issued by Sassoon General Hospital states that Applicant suffers from Megalobastic Anemia for which he was advised clinical correlation and close hematological follow up. Medical Report dated 26.12.2025 issued by Sasoon General Hospital states that Applicant is 4 of 10 BA.1190.2026.doc suffering from Bilateral Pedal Edema and required treatment and close medical follow up. What troubles the Court's conscience is that between January 2026 and September 2026, Applicant has been admitted to Sassoon General Hospital Pune numerous times, rather at least 8 times, for various illnesses, ailments and medical complaints. This, in my prima facie opinion, is testament to the fact Applicant is in delicate health, infirm and further continuation of his incarceration will have an adverse effect on his overall health and well being if he is to stand trial. The material filed on record paint a clear picture of Applicant's medical infirmities and poor health conditions and after perusal of the material appended on record, I have no doubt that Applicant’s medical condition is precarious and the chronology of his medical history while in custody is even more disturbing even to the mind of a normal prudent person. 10. Attention is drawn to a recent decision of the Punjab and Haryana High Court in the case of Davinder Singh Nirwal @ Dev Vs. Directorate of Enforcement 1 wherein it was held that detention of persons of advanced age in custody who suffer from heath issues ought to be treated with utmost sympathy and concern while deciding such Bail Applications. Relevant paragraph Nos.15 and 16 of the said decision are reproduced hereunder for ease of reference:- "15. The rationale behind detention and custody is deterrence, 1 CRM-M-30971-2026 decided on 10.09.2026 5 of 10 BA.1190.2026.doc retribution, protecting society from such criminals from committing further offenses, and sending a firm message to the public not to violate the law enacted by the State, or else their freedom might be curtailed. At the same time, it reassures victims that the State’s justice system is in place and discourages them from seeking revenge by taking the law into their own hands. Reforming the inmates to prepare for their re-integration into society as a social philosophy behind modern-day prisons becomes futile when they are on the last leg of their lives. The incarceration loses its objectivity when the inmate is a sick and infirm middle-old 16. Unhealthy old age is a curse. It is inhumane to deny bail to middle-old people, or to those who are so sick that it is better for them to receive treatment outside prison walls; subject to the exception like the inmate is a recidivist who refuses to mend their ways, or is at flight risk, or that the criminal is of extreme perversity, or that the crime is so heinous or so cruel, that releasing such person on bail would be more disastrous to the society. Denying bail in such cases can be unkind and goes against the conscience of the Court. Thus, whenever a person above 75 years of age with health issues is in custody, the concerned Judge must have the spine to do justice and examine the health and old age related issues with utmost sympathy and concern, and before rejecting the bail application of a person above 75 years of age, the Court must document the reasons for the same." 11. Perusal of the material on record would show that Applicant’s advanced age and incarceration eventhough for 12 months has significantly affected his overall health and prima facie he requires ample rehabilitation, care, monitoring of his diet, precaution from infections and regular uninterrupted follow up with his doctors. 12. The long standing practice of “bail is the rule, jail is the exception” is aptly put into practice in such open and shut cases. In the present circumstances, Applicant suffers from various medical conditions mentioned above for which he has been admitted to hospital practically during the entirety of his incarceration till date. 6 of 10 BA.1190.2026.doc This has affected his overall health and perusal of his medical reports prima facie show that he requires close monitoring for medical problems that may arise from his already troubling infirmities. This can only be done if Applicant receives treatment at a hospital of his choice and is well taken care of away from infection related environment. These requirements can only be met if Applicant receives treatment at a hospital of his choice and / or his home where he is well taken care of away from infection related environment if he is to stand trial. There is a marked qualitative difference in the treatment received as an undertrial prisoner especially in jail barracks and jail hospital and as a citizen under no restraint. I need not say much on this aspect. 13. It is seen from Applicant’s precarious medical condition, degree of care and monitoring of existing / subsisting ailments from which the Applicant suffers along with observations for any untoward complications that may arise altogether clearly justify grant of medical bail to the Applicant before me. 14. Investigating Officer shall be at the liberty to visit the hospital / home of Applicant for investigation after giving him due notice. Applicant’s supervising doctors are directed to prepare appropriate reports about the status and medical condition of Applicant and his availability to co-operate with the investigation depending on his recovery and apprise the Investigating Officer about the same within two months from today. 7 of 10 BA.1190.2026.doc 15. Applicant shall cooperate and provide all details for investigation as called upon. The Application of Applicant is primarily considered on medical grounds at this stage. Merely keeping the Applicant in jail in his present precarious condition cannot be the answer to deny him bail on medical grounds. 16. That apart this Court while passing orders on pervious occasions in so far as the Applicant's medical condition is concerned has clearly applied its mind and the same is certified by the reports placed before this Court. Hence on medical ground, Applicant deserves enlargement on bail for his medical treatment and rehabilitation which cannot be denied to him in view of his precarious medical condition and requirement for post surgery rehabilitation. Needless to state that every 6 months the Applicant will present himself at Sasson General Hospital for a checkup and the Dean of the said hospital shall, through a committee, examine the status of Applicant’s health parameters and give opinion in a Report to the prosecution. Prosecution will be at liberty to approach this Court on the basis on that Report for seeking custody of the Applicant and for seeking cancellation of his medical bail. 17. In view of the above order, Applicant is directed to be released on bail on medical grounds on following conditions:- (i) Applicant – Ramdas Jagganath Ingale be released on 8 of 10 BA.1190.2026.doc bail, on furnishing a P.R. Bond of Rs.25,000/- and one or more sureties in the like amount; (ii) Investigating Officer shall be at liberty to visit the Applicant’s home with 2 days advanced notice to enquire about his health and rehabilitation and keep a record of the same in writing in the form of a report for Court’s information if so required later; (iii) Applicant shall ensure that he shall attend the Trial Court if called upon by Court and that his Advocate shall remain present on all dates of hearing before Trial Court during Trial; (iv) Applicant shall not leave the country without prior permission of the Court; (iv) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (v) 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; (vi) Applicant shall surrender his passport with the Investigating Officer of the concerned police station; (vii) Applicant shall not indulge in any activity similar to the 9 of 10 BA.1190.2026.doc activities on the basis of which the Applicant stands prosecuted; (viii) Applicant shall not try to establish communication with any co-accused or any other person involved directly or indirectly in similar activities, through any mode of communication; (ix) Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 18. Liberty to apply for cancellation of this order to prosecution in case of any breach of the conditions or if the Report of the Sassoon General Hospital qualifies the Applicant to be fit. 19. It is clarified that the observations made in this order are limited for the purpose of granting Bail only and I have not made any observations on merits of the case and the trial shall be adjudicated on its own merits in accordance with law. 20. Bail Application No.1190 of 2026 is allowed and disposed in above terms. [ MILIND N. JADHAV, J. ] Ajay 10 of 10 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.16 21:02:27 +0530