Bombay High Court
APPA/1019/2025 of PRAFUL VASANT BHABULKAR Vs STATE OF MAHARASHTRA THR POLICE STATION on 24 December 2025
1 IN THE HIGH COURT OF
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO.1019 OF 2025
IN
CRIMINAL APPEAL NO.461 OF 2025
[Yogesh S/o. Vasanta Babulkar and Others .vs. State of Maharashtra]
--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders.
--------------------------------------------------------------------------------------------------------------------------------- Mrs A. M. Raut, Advocate for Applicants/Appellants.
Mr K. R. Lule, Addl. P. P. for Respondent/State.
CORAM: ANIL L. PANSARE AND RAJ D. WAKODE, JJ.
DATE : 24-12-2025.
.
On 23rd December, 2025, following order was passed :
“Criminal Application (APPA) No.1019/2025
Learned Additional Public Prosecutor seeks time to file reply.
2.
Time granted as a last chance.
3.
Counsel for the applicant submits that applicant's wife is suffering from Cardio Thoracic and Vascular disease, which according to her is a serious medical ailment. She further submits that urgent surgery is advised. The PREOP order dated 27/11/2025 would support her contention.
4.
Learned counsel submits that applicant's wife was infact taken in operation theater, but for want of consent, the surgery was not undertaken.
5.
The Learned Additional Public Prosecutor shall instruct concerned respondent to facilitate giving consent of petitioner to proceed with the surgery if that is the only reason why it has been postponed.
6.
Learned Additional Public Prosecutor shall also take instructions as to what best can be done in the given circumstances.
7.
List tomorrow.”
2.
Learned Additional Public Prosecutor submits that for the purpose of giving consent, applicant, Praful S/o. Vasanta Babulkar would be provided an escort so that, once the 2025:BHC-NAG:15004-DB
purpose is served, he will be brought back. When enquired as regards the ailment of the applicant’s wife, learned Addl. P. P.
submits that she is suffering from the disease as mentioned in the order dated 23rd December, 2025.
3.
Thus, applicant’s wife is griefed with serious ailment.
When enquired, learned Addl. P. P. submits that there are no complaints of misconduct or misbehavior of applicant. The applicant, therefore, may be released on temporary bail. He has requested for temporary bail for a period of 90 days.
However, considering overall circumstances of the case, we deem it appropriate to grant interim relief for a period of 30
days. Hence, following order :
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O R D E R
i) The application is partly allowed. ii) The applicant Praful S/o. Vasanta Babulkar is ordered to be released for 30 days from 25.12.2025 to 24.01.2026 purely on temporary bail 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, Hinganghat. iii) The applicant shall report to Hinganghat Police Station, District Wardha once in a week between 01:00 pm to 04:00 pm. iv) The applicant shall not leave the limits of Hinganghat, District Wardha during the aforesaid period.
v) The applicant shall surrender before the Superintendent of Central Jail, Nagpur by 06:00 pm on 24.01.2026.
4. It is made clear that no prayer for extension of period of temporary bail beyond 24.01.2026 (06:00 pm) will be entertained on any ground whatsoever.
5. All concerned to act on authenticated or uploaded copy of this order.
6. Hamdast granted.
7. The application, accordingly, is disposed of.
(JUDGE) (JUDGE) Tambe