Rajesh Suryakant Dandavate vs The State Of Maharashtra
2025 Latest Caselaw 1030 Bom

Bombay High Court

Rajesh Suryakant Dandavate vs The State Of Maharashtra on 30 July, 2025

HEMANT
CHANDERSEN
SHIV
                      H.C. SHIV                                                                24.IA2547.25.DOC

Digitally signed by
HEMANT
CHANDERSEN SHIV
Date: 2025.07.31
18:19:45 +0300



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                            INTERIM APPLICATION NO.2547 OF 2025
                                                            IN
                                              CRIMINAL APPEAL NO.735 OF 2024

                      Rajesh Suryakant Dandavate                                ...Applicant
                            Versus
                      The State of Maharashtra                                  ...Respondent

                                                           _______________________

                      Mr. Parth Barut i/b Tripti Shetty for the Applicant.
                      Ms. G. P. Mulekar APP for the Respondent-State.
                                               _______________________

                                                                        CORAM : SUMAN SHYAM &
                                                                                     SHYAM C. CHANDAK, JJ.

DATED : 30th JULY 2025

P.C. :-

1. Heard Mr. Parth Barut, learned Counsel for the Applicant and

Ms. Mulekar, learned A.P.P. for the Respondent-State.

2. By the Judgment and Order dated 19th August 2023, passed by

the learned Additional Sessions Judge, Greater Mumbai in connection with

Sessions Case No.628 of 2016, in C.R.No.195 of 2016, the Applicant was

convicted under Section 302 of the Indian Penal Code (for short "I.P.C.")

and sentenced to undergo life imprisonment as well as to pay fine of

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H.C. SHIV 24.IA2547.25.DOC

Rs.10,000/- and in default of payment of fine, to suffer simple

imprisonment for six months.

3. The Applicant has preferred Criminal Appeal No.735 of 2024,

assailing the Judgment and Order dated 19 th August 2023, which is

pending disposal before this Court. The Applicant is in custody. However,

while in custody, he had developed Cancer, as a result of which the

Applicant had to undergo surgery in the Tata Memorial Hospital, Mumbai.

The case of the Applicant is that since he is suffering from cancer, there is

urgent requirement for proper care and medical assistance of a special

nature which will not be possible, if the Applicant remains in jail. On such

count, the Applicant has prayed for his release on bail on medical grounds.

4. Mr. Parth Barut, learned Counsel for the Applicant submits

that if the Applicant is released on bail, he will comply with all conditions

that may be imposed by this Court. Since it is a genuine case of medical

necessity, hence, the prayer be allowed.

5. Ms. Mulekar, learned A.P.P. appearing for the State has also

submitted, in her usual fairness, that the Applicant is indeed suffering from

cancer and he had recently undergone surgery in the Tata Memorial

Hospital, Mumbai.

6. After reviewing the material placed before us, it appears that

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H.C. SHIV 24.IA2547.25.DOC

the Applicant is suffering from :-

"Squamous Cell Carcinoma Grade II and Surgery was done at TATA Memorial Hospital, Mumbai (1. Left BCR with ND(IIV) with TRACH, 2. Right FFOCF (Free Fibula Osteo-Cutaneous Flap Surgery) for left segmental mandi bulectomy with upper alveolectomy with excison with right ND)".

The health condition of the Applicant is available from the report dated

28th July 2025, obtained from the Superintendent of Nashik Road Central

Prison, which is submitted through the learned A.P.P.

7. After going through the material placed before us, we are

inclined to grant interim bail to the Applicant on medical grounds for a

period of six months with effect from today.

8. Hence, the following Order :-

(i) The Applicant be released on interim bail on furnishing P.R. bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with one or two sureties of the like amount.

(ii) The Applicant shall maintain good behavior and shall not indulge in any anti social activity, while on bail.

(iii) He shall also make endeavor to ensure proper representation as and when, this Application or the Criminal Appeal is listed before this Court.

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H.C. SHIV 24.IA2547.25.DOC

9. At the request of the learned Counsel for the Applicant

and considering the health condition of the Applicant, we permit the

Applicant to furnish cash bail bond for a period of four weeks from

today so as to avail the benefit of this bail order.

10. This Interim Application shall remain pending and be

listed again after six months i.e. on 29th January 2026, as a fixed

item.

(SHYAM C. CHANDAK, J.)                                         (SUMAN SHYAM, J.)





                                     30th JULY 2025