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Bombay High CourtIA/3674/2025allowed

Naresh Gehrilal Gundecha v. The State Of Maharashtra

2025-10-07Hon'Ble Justice Dr. Neela Kedar Gokhale4 pages

(P.A.) 904-IA-3674-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3674 OF 2025 IN INTERIM APPLICATION NO.2954 OF 2025 IN CRIMINAL BAIL APPLICATION NO.2109 OF 2025 Naresh Gehrilal Gundecha ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Nitin Sejpal a/w Siddharth Gharat, for the Applicant. Ms. Megha S. Bajoria, APP for the Respondent - State. PSI - Satish R. Thorat, Kurla Police Station, Mumbai, present.

CORAM

DR. NEELA GOKHALE, J.

DATED:

07TH OCTOBER 2025 PC:- 1.

By way of this Application, the Applicant seeks modification of order dated 26th September, 2025 to the extent that the Applicant be allowed to furnish cash bail, the amount of which is already deposited by the Applicant before the Special Judge, MCOCA Act, 1999, subject to the Applicant executing a fresh P.R. Bond. The Applicant further seeks modification of the same order to the extent also that the

(P.A.) 904-IA-3674-2025.doc Applicant be allowed to stay at Ahmedabad for medical treatment for the ailments suffered by him.

2.

By order dated 26th September, 2025, this Court enlarged the Applicant on temporary bail on certain conditions imposed as appear in paragraph No.2 of the said order. This Court in the said order had observed that the Authorities of Sir J.J.Group of Hospitals suggested that the Applicant is advised to follow up with the same doctor who has treated him earlier.

3.

Mr.Sejpal, learned counsel for the Applicant submits that the doctor who has treated the Applicant earlier is based in Ahmedabad and hence the Applicant is required to travel to Ahmedabad.

4.

Ms.Bajoria, learned APP has confirmed that the doctor who had treated the Applicant is from Ahmedabad. She fairly states that considering the observations of this

(P.A.) 904-IA-3674-2025.doc Court in its earlier order, the Applicant be permitted to travel to Ahmedabad only, subject to certain conditions. 5.

In this view of the matter, I am inclined to allow the Application on the following terms and conditions: i) Order dated 26th September, 2025 is modified to the extent that the Applicant be allowed to furnish cash bail by adjusting the amount already lying deposited with the Special Judge, MCOCA Act, 1999.

ii) The Applicant shall execute a fresh bond in the said amount.

iii) The Applicant is permitted to travel to Ahmedabad only, for the purpose of treatment with the doctor based in Ahmedabad. iv) The Applicant shall give the details of Hospital and the doctor concerned to

(P.A.) 904-IA-3674-2025.doc the Investigating Officer and also appear before him through VC on every Sunday between 11:00 a.m. to 02:00 p.m. for the next 3 months. 6.

Order dated 26th September, 2025 is modified in the above terms. Rest of the order shall remain as it is. 7.

Interim Application is allowed in the above terms and disposed of.

(DR. NEELA GOKHALE, J)