In a rare instance of judicial compassion balancing investigative imperatives, the Bombay High Court granted interim bail to an accused facing serious charges under the Bharatiya Nyaya Sanhita, 2023 and the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The Court allowed temporary release for 15 days, strictly conditioned on the accused's surrender, to enable him to support his wife during her advanced pregnancy. This order underscores the judiciary's discretion to consider humanitarian grounds even in grave offences, while ensuring the integrity of the investigation through stringent bail conditions.
Background & Facts
The Dispute
The applicant, Shubham Shashikant Sali, is an accused in Crime No. 738 of 2025 registered at Wakad Police Station, Pune. The offences alleged against him include serious charges under Sections 64, 64(2)(m), 69, 318(4), 316(2), and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6, 8, and 12 of the POCSO Act. The applicant sought interim bail through Interim Application No. 2182 of 2026 in Bail Application No. 2489 of 2026 before the Bombay High Court.
Key Facts
- The applicant's wife, Pallavi Shubham Sali Gosavi, is in an advanced stage of pregnancy, specifically 8 months and 18 days.
- The applicant sought interim bail from 06.07.2026 to 20.07.2026 to be with his wife during the final stages of her pregnancy and childbirth.
- The applicant undertook to surrender to jail authorities by 4:00 p.m. on 20.07.2026.
- During the interim bail period, the applicant proposed to stay at Flat No. 201/202, Shiv Shrushti Ghule Colony No. 1, Manjari, Pune, and accompany his wife to K.E.M. Hospital, Pune for medical needs.
- The applicant assured that he would not visit public places and would remain solely in the company of his wife.
Procedural History
- Crime No. 738 of 2025: Registered at Wakad Police Station, Pune, alleging offences under BNS and POCSO Act.
- Bail Application No. 2489 of 2026: Filed by the applicant seeking regular bail.
- Interim Application No. 2182 of 2026: Filed seeking interim bail for 15 days on humanitarian grounds.
- 03.07.2026: Hearing before Justice Ashwin D. Bhobe of the Bombay High Court.
- 03.07.2026: Order passed granting interim bail with strict conditions.
Relief Sought
The applicant sought interim bail for the period 06.07.2026 to 20.07.2026 to support his wife during her advanced pregnancy. The applicant undertook to surrender by 4:00 p.m. on 20.07.2026 and comply with all conditions imposed by the Court.
The Legal Issue
The central question before the Court was whether interim bail could be granted on humanitarian grounds, specifically the advanced pregnancy of the accused's spouse, in a case involving grave offences under the Bharatiya Nyaya Sanhita and the POCSO Act, without compromising the integrity of the investigation.
Arguments Presented
For the Applicant
- The applicant's counsel, Mr. Ganesh Gupta, argued that the applicant's wife was in an advanced stage of pregnancy (8 months and 18 days) and required his support.
- The applicant undertook to surrender by 20.07.2026 and assured that he would not tamper with evidence or influence witnesses.
- The counsel submitted that the applicant would remain at his residence or accompany his wife to the hospital, ensuring no interference with the investigation.
For the Respondent
- Ms. A. S. Gotad, the learned APP for the State, stated that the Investigating Officer did not object to the request for interim bail, given its limited duration and humanitarian grounds.
- The State suggested that the applicant's undertaking be accepted and that a condition be imposed to prevent any extension of the interim bail period.
The Court's Analysis
The Court carefully balanced the humanitarian considerations against the gravity of the offences alleged. Recognizing the advanced pregnancy of the applicant's wife, the Court exercised its discretion to grant interim bail for a strictly limited period of 15 days. The Court emphasized that this relief was granted solely on humanitarian grounds and not on the merits of the bail application.
The Court imposed stringent conditions to ensure that the applicant did not misuse the interim bail or interfere with the investigation:
"This Application is therefore allowed on the following conditions :- (a) Applicant is directed to be released on interim bail in connection with C.R. No. 738 of 2025 registered with Wakad Police Station, Pune, for a limited period commencing on 06.07.2026 and ending at 4.00 p.m. on 20.07.2026, upon furnishing a P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty-five Thousand Only) with one or two sureties, in the like amount, to the satisfaction of the Additional Sessions Judge, Pune, in Special POCSO Case No. 240 of 2026."
The Court further directed that the applicant:
- Shall not tamper with evidence or influence witnesses.
- Shall provide his contact number to the Investigating Officer before release.
- Shall report to the Investigating Officer on 09.07.2026 and 16.07.2026 between 11:00 a.m. and 12:00 noon.
- Shall not travel outside the State of Maharashtra.
- Shall reside only at his specified address or at K.E.M. Hospital, Pune during the interim bail period.
- Shall surrender by 4:00 p.m. on 20.07.2026.
- Shall not be entitled to any extension of the interim bail period.
The Court clarified that the interim bail was granted without prejudice to the merits of the main bail application and that the applicant could not rely on this order while arguing for regular bail.
The Verdict
The Bombay High Court allowed Interim Application No. 2182 of 2026 and granted the applicant interim bail from 06.07.2026 to 20.07.2026 on the following terms:
- The applicant was directed to furnish a Personal Recognizance (P.R.) Bond of Rs. 25,000 with one or two sureties of the like amount.
- The applicant must surrender by 4:00 p.m. on 20.07.2026.
- The applicant was required to report to the Investigating Officer on 09.07.2026 and 16.07.2026 between 11:00 a.m. and 12:00 noon.
- The applicant was barred from traveling outside Maharashtra and must reside at his specified address or K.E.M. Hospital, Pune.
- The applicant was not entitled to any extension of the interim bail period.
- The interim bail was granted solely on humanitarian grounds and not on merits.
What This Means For Similar Cases
Humanitarian Grounds Can Outweigh Gravity of Offence
This judgment establishes that courts may consider humanitarian grounds, such as the advanced pregnancy of a spouse, even in cases involving grave offences like those under the Bharatiya Nyaya Sanhita and POCSO Act. However, such relief is strictly conditional and does not imply any leniency on the merits of the case.
- Practitioners should highlight compelling humanitarian circumstances while seeking interim relief.
- Courts are likely to impose stringent conditions to prevent misuse of such relief.
Strict Compliance with Bail Conditions Is Non-Negotiable
The Court's order underscores that any violation of bail conditions will result in the automatic cancellation of interim bail. This serves as a warning to accused persons granted temporary relief on humanitarian grounds.
- Accused persons must strictly adhere to reporting requirements and other conditions.
- Failure to comply may lead to immediate revocation of bail and potential adverse inferences in the main bail application.
Interim Bail Does Not Prejudge the Main Bail Application
The Court explicitly stated that the interim bail was granted without prejudice to the merits of the main bail application. This means:
- The accused cannot rely on this order while arguing for regular bail.
- The prosecution retains the right to oppose the main bail application on merits.
- Practitioners must treat interim bail as a standalone relief and not as an indication of the Court's stance on the main bail plea.
