Om Alias Pandurang Baban Vaidya v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CRIMINAL APPLICATION NO. 4702 OF 2025 IN APEAL/342/2025 OM ALIAS PANDURANG BABAN VAIDYA

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Vrishabh Patil, Advocate holding for Mr. S.B. Fadat Patil, Advocate for the applicant.

Mr. V.M. Jaware, A.P.P. for respondent - State. ...

CORAM : SANDIPKUMAR C. MORE AND Y.G. KHOBRAGADE, JJ.

DATED : 17 DECEMBER 2025.

Per Court :

1.

Heard rival submissions.

2.

By way of this application, the applicant/accused is seeking temporary bail for the period of two months to enable him to take care of his wife during her pregnancy and delivery. 3.

Learned A.P.P. strongly opposed the application on the ground that wife of the applicant is already admitted in private hospital namely Mauli Sparsh Hospital at Jalna and there are other relatives also to take care of her, even after delivery. Learned A.P.P. by placing on record a communication dated 16.12.2025 issued by P.S.I. Tembhurni Police Station, District Jalna, submitted that the delivery of the wife of applicant is

(2) possible within two to three days. Learned A.P.P. further pointed out that at the time of arguing the application for suspension of sentence and release of bail when the court expressed its disinclination, the learned counsel for the applicant had in fact withdrawn the said application. 4.

However, learned counsel for the applicant submits that presence of the applicant with his wife is necessary because she is the daughter of his maternal uncle in whose murder case the applicant is behind bar. According to him, no relatives of his wife are now cooperating due to the act committed by the applicant.

5.

Be that as it may, it is not denied that the wife of applicant is pregnant and her delivery is expected within one or two days in Mauli Sparsh Hospital at Jalna, where she is admitted at present. Under such circumstances, we are of the opinion that the applicant can be released on temporary bail only for the period of 7 days from 18.12.2025. As such, we pass the following order.

ORDER

(i) The application is partly allowed.

(ii) The applicant is hereby released on temporary bail on execution of personal bond of Rs.

(3) 25,000/- with one surety in the like amount for the period of 7 days starting from 18.12.2025. Bail be furnished before the Superintendent of Central Jail, Harsul, Chhatrapati Sambhajinagar.

(iii) The applicant shall surrender before the Superintendent of Central Jail, Harsul, Chhatrapati Sambhajinagar till 5.00 p.m. on 25.12.2025.

(iv) During the said period the applicant shall attend Tembhurni Police Station daily in between 10.00 a.m. to 11.00 a.m.

(v) The application is accordingly disposed of.

(Y.G. KHOBRAGADE) (SANDIPKUMAR C. MORE) JUDGE JUDGE VD_Dhirde