Shivaji Mahadu Alias Madhavrao Autade vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Shivaji Mahadu Alias Madhavrao Autade vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No temporary bail granted at this stage. Directions issued: (i) jail authorities, Central Prison, Harsul to arrange the appellant's medical examination at the Government Medical Hospital, Chhatrapati Sambhajinagar by the Head of Department of Urology on or before 28.11.2025; (ii) the Head of Department of Urology to file a report before the next date on whether the disease is curable and treatable at that hospital; (iii) Learned APP to communicate the order to the Jail authority, the Head of Department of Urology, Government Medical College and the concerned Investigating Officer. Matter stood over to 08.12.2025.

Issue for consideration

Whether the appellant, stated to be suffering from Acute Urinary Retention and requiring treatment by an expert doctor in urology, should be granted temporary bail for 15 days to take treatment from an expert doctor of his choice. +1 more

Court's answer

The 15-day temporary bail prayed for was not granted at this stage; the Court instead deferred acceptance of the prayer pending independent medical examination and the urology report.

Ratio / Principle

Before accepting the temporary-bail prayer, the Court directed that the jail authorities at Central Prison, Harsul make necessary arrangements to take the appellant to the Government Medical Hospital at Chhatrapati Sambhajinagar for medical examination by the Head of Department of Urology on or before 28.11.2025.

Key takeaways

The Head of Department of Urology, after examining the appellant, is to submit a report to the Court on the status of the disease, specifically stating whether it is curable and can be treated at that hospital or not; the report is to be filed before the next date.ratio¶¶15
The Learned APP was directed to communicate the order to the Jail authority, the Head of Department of Urology, Government Medical College and the concerned Investigating Officer.ratio¶¶18

Detailed headnote1 paragraphs

Interim order (Sushil M. Ghodeswar, J., 24 November 2025) in Criminal Appeal No. 674 of 2025, Shivaji Mahadu alias Madhavrao Autade v. The State of Maharashtra and Another (Bombay High Court, Aurangabad Bench). The appellant, in custody at Central Prison, Harsul, sought 15 days' temporary bail to undergo treatment for Acute Urinary Retention by an expert urologist of his choice. An affidavit dated 14.11.2025 of the Chief Medical Officer, Central Prison, Harsul (filed pursuant to the Court's order dated 10.11.2025) had recorded that the appellant's health condition was stable and treatment was being given as per his complaints. Before accepting the bail prayer, the Court directed the jail authorities to produce the appellant before the Head of Department of Urology, Government Medical Hospital, Chhatrapati Sambhajinagar for medical examination on or before 28.11.2025, and directed that the Head of Department submit a report stating whether the disease is curable and can be treated at that hospital. The Learned APP was to communicate the order to the jail authority, the Head of Department of Urology, Government Medical College and the concerned Investigating Officer. Temporary bail was not granted at this stage; the matter stood over to 08.12.2025.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CRIMINAL APPEAL NO. 674 OF 2025

SHIVAJI MAHADU ALIAS MADHAVRAO AUTADE VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

Dr. Pedgaonkar Anagha N., Advocate for the Appellant. Shri V.M. Lomte, APP for Respondent No.1/State. Shri Angad Kanade, Advocate for Respondent No.2.

CORAM : SUSHIL M. GHODESWAR, J.

DATE : 24 November 2025

P. C. :-

Vide order dated 10.11.2025, this Court has directed

the Chief Medical Officer, Central Prison, Harsul, to file an affidavit as regards health status of the present appellant. In pursuance of this order, Dr.Mangesh Ghodke, Chief Medical Officer, Central Prison, Harsul, Chhatrapati Sambhajinagar, has filed the affidavit dated 14.11.2025 wherein, in paragraph No.3 it is pointed out that health condition of the present appellant is stable and treatment is given to the appellant as per his health complaint. He can continue with his daily routine.

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However, learned advocate for the appellant submits

that the appellant is suffering from Acute Urinary Retention disease and he is required to be treated by an expert doctor in urology. She, therefore, prays for granting temporary bail to the appellant for a period of 15 days so that the appellant can take treatment of expert doctor of his choice.

Before accepting such prayer of the appellant, this Court is of the opinion that the appellant is required to be referred to the Head of Department of Urology, Government Medical Hospital at Chhatrapati Sambhajinagar, for medical examination. Accordingly, it is directed that the jail authorities at Central Prison, Harsul shall make necessary arrangement for taking the appellant to the Government Medical Hospital at Chhatrapati Sambhajinagar for medical examination, on or before 28.11.2025. The Head of Department of Urology, after examining the appellant, shall submit a report to this Court about the status of disease of the appellant specifically stating therein whether, the said disease is curable and can be treated at the said hospital or not. Such report shall be filed before the next date.

Learned APP to communicate this order to the Jail

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authority, the Head of Department of Urology, Government Medical College and the concerned Investigating Officer.

Stand over to 08.12.2025.

( SUSHIL M. GHODESWAR, J. )

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