Sandeep Suresh Kandalkar @ Raju Rajiv Joshi v. The State Of Maharashtra

Navnath Waghmare (P.A)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1345 OF 2026 Sandeep Suresh Kandalkar @ Raju Rajiv Joshi ...Applicant

Versus

The State Of Maharashtra

...Respondent

Mr. Sudeep Pasbola Senior Advocate a/w Akshay Topiwala i/b Mr. Siddharth Mehta for the Applicant.

Mr. A.S. Gawai APP, for the Respondent-State. P.I. Sourabhi S. Pawar, Kashimira Police Station M.B.V.V.

CORAM:

R. M. JOSHI, J.

DATED:

30th MARCH, 2026 PC:- 1.

Mentioned out of turn.

2.

Learned counsel for the Applicant submits that considering the health condition of the applicant, he is required to be enlarged on bail in order to take treatment for Kidney disease in private hospital. It is his submission by referring to the report/opinion of the doctors from J.J. Hospital that applicant is at stage 5 of the said decease. According to him, on the ground alone the applicant deserves to be enlarged on bail for immediate medical treatment.

3.

Though, Learned APP has not opposed the grant of bail of medical condition. However, it is his submission that it needs to be ascertained at the first instance that the applicant cannot be treated at J.J. Hospital or any other Government Hospital and requires treatment in private hospital only. He also placed before this Court report dated 27.03.2026 which according to him indicates that the applicant was directed for follow-up with the J.J. Hospital.

4.

This Court is not supposed to overlook opinion of the medical officer. The record indicates that treatment has been given to the applicant in J.J. Hospital. Now question as to whether he would be required to be treated in a private hospital, would be a matter of decision of the doctors and not of the Court. Hence, this Court finds it appropriate to direct the applicant to be produce before the medical board at J.J. Hospital to seek opinion as to whether the applicant can be treated effectively in J.J. Hospital or any other Government Hospital and he is not required to admitted to private hospital.

5.

Considering the facts of the case applicant to be produced before the medical board on 06th April, 2026 to asceertain above

aspect. The report of the medial board be placed before this Court on 08th April, 2026.

6.

Medical report also to include urgency in the treatment required by the applicant.

7.

Learned APP to communicate this order to the concerned authorities.

(R. M. JOSHI, J.) {