58-IA3079-2026INAPPEAL33-2026.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3079 OF 2026 IN CRIMINAL APPEAL NO. 33 OF 2026 Pravin Dilip Waghela ...Applicant- Appellant Versus State of Maharashtra …Respondent Mr. Rahul Arote, a/w Nikita Gawai, for the Appellant–Applicant. Mr. D. J. Haldankar, APP for the State. PI Mr. Vijay Gole, ANC Bandra Unit, Mumbai, present. CORAM: N. J. JAMADAR, J. DATED: 16th SEPTEMBER, 2026 Oral Order:- IA/3079/2026 1. Heard the learned Counsel for the parties. 2. This is an application to enlarge the convict on interim bail for a period of three months pending the final hearing and disposal of the appeal. 3. By a judgment and order dated 17th December, 2025, the learned Special Judge (NDPS), Mumbai, has convicted the applicant and Ramdas Nayak (A2) for the offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS”) and sentenced 1/5 SANTOSH SUBHASH KULKARNI Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2026.09.16 20:10:32 +0530 58-IA3079-2026INAPPEAL33-2026.DOC them to suffer rigorous imprisonment for 20 years, and pay fine of Rs.1,00,000/- each, with default stipulation. 4. By an order dated 30th July, 2026, this Court has rejected the applications preferred by the applicant and co-accused for suspension of sentence and to enlarge them on bail, during the pendency of the appeal. 5. In the intervening period, the applicant was released on parole. It appears that the applicant suffered cardiac pain and was admitted in Lion Tarachand Bapa Hospital & Research Centre, C.U. Shah Medical Complex, Sion (W), Mumbai. The case summary dated 19th August, 2026 records that the applicant required early Mitral Valve Replacement. A further certificate has been issued on 25th August, 2026, indicating the line of treatment, including Mitral Valve Replacement surgery and post operative treatment in ICU for a period of two weeks thereafter. Another certificate dated 10th September, 2026 is tendered for the perusal of the Court. It indicates that the applicant’s Mitral Valve Replacement surgery is tentatively planned on 20-21st September, 2026. 6. It would be contextually relevant to note that having regard to the pendency of the application for interim bail, a Division Bench of this Court by orders dated 20th August, 2026 2/5 58-IA3079-2026INAPPEAL33-2026.DOC and 8th September, 2026, has extended the surety furnished by the applicant when he was released on parole and directed the authorities not to take any coercive steps against the applicant. 7. Mr. Arote, the learned Counsel for the applicant, submitted that the applicant is admitted in Lion Tarachand Bapa Hospital & Research Centre, C.U. Shah Medical Complex, Sion (W), Mumbai. The surgery is necessary to save the life of the applicant. 8. Mr. Haldankar, the learned APP, submitted that, on the basis of the papers furnished by the applicant, the authorities of the State have examined the medical condition of the applicant with the Medical Officer attached to Sir J. J. Group of Hospitals, Mumbai. If the applicant surrenders, the authorities will make the necessary arrangement to have the treatment of the applicant in Sir J. J. Group of Hospitals. 9. Evidently, the genuineness of the medical certificates and documents annexed to the application cannot be doubted. The Court is informed that the applicant is admitted in Lion Tarachand Bapa Hospital & Research Centre, C.U. Shah Medical Complex, Sion (W), Mumbai. The surgery is planned under a week’s time. In these circumstances, it would not be advisable to direct the applicant to surrender and, thereafter, initiate the 3/5 58-IA3079-2026INAPPEAL33-2026.DOC steps to have the applicant undergo the treatment at Sir J. J. Group of Hospitals, Mumbai. As surgical intervention appears emergent and imperative, this Court considers it expedient in the interest of justice to release the applicant on interim bail to avail the treatment at Lion Tarachand Bapa Hospital & Research Centre, C.U. Shah Medical Complex, Sion (W), Mumbai. 10. Hence, the following order: : O R D E R : (i) The application stands partly allowed. (ii) The substantive sentence imposed by the learned Special Judge (NDPS) in NDPS Special Case No. 76/2017 arising out of CR No. 2/2017 registered with ANC Ghatkopar Unit, Mumbai, stands suspended for the period of six weeks from today. (iii) The applicant - Pravin Dilip Waghela be enlarged on interim bail on furnishing a PR Bond in the sum of Rs.1,00,000/- and a surety in the like amount to the satisfaction of the learned Special Judge (NDPS) or upon furnishing a cash security in the sum of Rs.1,00,000/- in lieu of surety, before the trial Court, for the period of six weeks from today. 4/5 58-IA3079-2026INAPPEAL33-2026.DOC (iv) The applicant shall not indulge in an activity similar to the one which led to the prosecution and conviction of the applicant. (v) The applicant shall furnish his address and contact number to the Investigating Officer. (vi) Upon the expiry of the term of six weeks, the applicant shall surrender before the Superintendent Prison, to undergo the remainder sentence. The application stands disposed. [N. J. JAMADAR, J.] 5/5