Bombay High Court
Pawan Gulab Rathod vs The State Of Maharsahatra Thr Pso., … on 25 May, 2026
1 Cri.Apeal-112-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, AT NAGPUR.
CRIMINAL APPEAL NO.112 OF 2026
Pawan S/o Gulab Rathod, R/o Kanka, Tq. Mehkar, Dist. Buldhana
vs.
The State of Maharashtra. Thr. PSO, Dongaon PS, Tq. Mehkar, Dist. Buldhana and anr.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri Dhruv Sirpurkar, Advocate for appellant/applicant.
Smt Prachi Joshi, Addl. Public Prosecutor for respondent No.1/State.
Smt Sonali Saware-Gadhawe, Advocate for respondent No.2.
CORAM : RAJ D. WAKODE, J.
DATED : 25th May, 2026
Criminal Application (APPA) No.375/2026
Heard Shri Dhruv Sirpurkar, learned counsel for the
applicant, Smt Prachi Joshi, learned Additional Public Prosecutor
for respondent No.1/State and Smt Sonali Saware-Gadhawe,
learned counsel appearing for respondent No.2.
2. This is an application for temporary bail during pendency
of the Criminal Appeal No.112/2026.
3. The appellant-applicant has been charge-sheeted by
respondent No.1-Police Station, Dongaon, Tq. Mehkar, District
Buldhana for the offence punishable under Sections 103(1),
3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 3(2) and
3(v) of Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, 1989.
4. Investigation in the crime is completed and the charge-
sheet was filed on 27/02/2025 in pursuance to the FIR
No.284/2025 dated 05/12/2024 and the appellant was arrested
on the same day i.e. 05/12/2024. Since then the appellant-
2 Cri.Apeal-112-26.odt
applicant is in jail.
5. Since regular bail of the appellant was rejected by the
Sessions Court, the appellant has approached this Court by way
of present appeal for grant of regular bail.
6. Shri Dhruv Sirpurkar, learned counsel for the appellant-
applicant submits that the aforesaid criminal appeal is pending
before this Court and is posted after vacation. However, on
23/05/2026 the father of the appellant has passed away and
therefore he has moved the present application for grant of
temporary bail since the appellant-applicant is the sole earning
member of the family and the last rites of the father of the
appellant-applicant cannot be properly conducted without the
release of the appellant-applicant.
7. Shri Sirpurkar, learned counsel has tendered across the
bar the death certificate issued by the Gram Panchayat Officer,
Tal. Mehkar, District Buldhana substantiating the fact that Gulab
Merchand Rathod, father of the appellant-applicant has expired
on 23/05/2026.
8. The copy of the aforesaid application was served upon
the learned Additional Public Prosecutor so also the learned
counsel for respondent No.2. The learned Additional Public
Prosecutor upon instructions has confirmed the fact that the
father of the applicant has expired on 23/05/2026.
9. In view of the above, solely on humanitarian ground, I
am of the considered opinion that the appellant-applicant needs
3 Cri.Apeal-112-26.odt
to be released on temporary bail for six days in order to perform
the last rites of his father so also to console the family members.
10. Accordingly, I pass the following order :
(a) The applicant Pawan S/o Gulab Rathod, is ordered to be
released for six days from 26/05/2026 to 31/05/2026
purely on temporary bail on humanitarian ground to
perform the last rites of his father on furnishing PR Bond
in the sum of Rs.50,000/- (Rupees Fifty Thousand) with
one or two sureties in the like amount to the satisfaction
of Additional Sessions Judge, Mehkar, Dist. Buldhana.
(b) The applicant shall report to Dongaon Police Station on
27/05/2026 and 29/05/2026 between 1 pm to 4 pm.
(c) The applicant shall not leave the limits of village Kanka,
Tq. Mehkar, District Buldhana during the aforesaid
period.
(d) The applicant shall surrender before the Superintendent
of Central Jail, Washim by 6 pm on 31/05/2026.
11. It is made clear that no prayer for extension of period of
temporary bail beyond 31/05/2026 (6 pm) will be entertained
on any ground whatsoever.
12. All concerned to act on authenticated or uploaded copy of
this order.
(Raj D. Wakode, J.)
Asmita
Signed by: Smt. Asmita A. Bhandakkar
Designation: PS To Honourable Judge
Date: 25/05/2026 13:07:57
