Sunil Ambadas Tambe v. The State Of Maharashtra And Others

2025:BHC-AUG:16729

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 BAIL APPLICATION NO. 321 OF 2025 SUNIL AMBADAS TAMBE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Andhale Sandip Ramnath APP for Respondent/State: Mr. V. M. Jaware Advocate for Respondent No.3 :

Mr. Wagh Shrinivas S.

...

CORAM : ARUN R. PEDNEKER, J.

DATE : 01.07.2025 P.C. :

1] Heard learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for respondent no.3.

2] The applicant is seeking bail as he was arrested on 06.07.2024 in connection with Crime No.0379/2023, registered with Newasa Police Station, District Ahmednagar, for the offences punishable under Sections 376(2)(n), 420, 313, 323, 504, 506, 376(2)(f), 376(2)(j), 376(1), 354(A) (1), 354(d), 417 of the IPC & under Sections 4, 6, 8 and 12 of the POCSO Act.

3] This court by order dated 17.06.2025 called for

the report from the Orthopedic Department of GHATI Hospital to ascertain whether hip replacement surgery is required as contended by the applicant.

4] Today, the learned APP has submitted the report, wherein it is stated that the patient / applicant is advised to total hip replacement surgery for right hip joint - pathology.

5] The learned counsel for the victim / respondent no.3 has objected the application for grant of bail. 6] Considering the submissions, the applicant, who is an under trial is granted interim bail on medical grounds for 2 months to get the surgery done, subject to the condition that the applicant shall not contact the informant or any of the family members or the witnesses. 7] The learned counsel for the applicant submits that the attempt would be made to do the surgery within a period of 10 days so that the applicant has sufficient time for recovery.

8] Liberty to apply in the event if there is no recovery within that time.

9] In view of the above, the application is disposed of on the following terms :

a] The applicant shall be released on interim bail for the period of two (02) months from today in connection with Crime No.0379/2023, registered with Newasa Police Station, District Ahmednagar, for the offences punishable under Sections 376(2)(n), 420, 313, 323, 504, 506, 376(2)(f), 376(2)(j), 376(1), 354(A)(1), 354(d), 417 of the IPC & under Sections 4, 6, 8 and 12 of the POCSO Act, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

b] The applicant shall surrender himself before the concerned jail authorities after the period of two (02) months from today.

10] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled.

11] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe