The court granted bail to an HIV-positive original accused convicted under Section 376 IPC, pending appeal. Bail was granted due to deteriorating health and lack of support from prosecution witnesses.
Released on bail in the sum of Rs. 25,000/- with one or two sureties to report to Bhiwandi Police Station once a month.
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RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 736 OF 2010 IN CRIMINTAL APPEAL (ST) NO. 447 OF 2010
Mohammad Sagar Mohammad Siraj Shaikh
.. Applicant
Vs
The State of Maharashtra
.. Respondent
Ms. Veena Kamble for the Applicant
Mr. S.A. Shaikh, APP for the State
CORAM : SMT. V.K. TAHILRAMANI, J
DATE : 8th OCTOBER, 2010.
P.C.:
1. Heard learned advocate for the applicant-original accused and learned APP for the State.
2. The applicant-original accused has been convicted under Section 376 of IPC. Against the said order, the applicant has preferred an appeal which is pending for hearing. Now, the applicant is seeking bail.
3. Learned advocate for the applicant states that the applicant is suffering from HIV and his health is deteriorating. Learned APP on instructions states that the applicant is suffering from HIV. As of now, the applicant has been in custody for four years and 8 months.
4. The prosecution case is that the applicant had raped a
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minor girl i.e PW 2 Arti. Arti has not supported the
prosecution case. So also, her mother PW 1 has not
supported the prosecution case. In view of all the above
facts, I am inclined to grant bail to the applicant.
Hence, the order:
O R D E R
1. Applicant Mohammad Sagar Mohammad Siraj Shaikh be released on bail in the sum of Rs. 25,000/- [Rs. Twenty Five Thousand Only] with one or two sureties to make up the said amount. The Applicant shall report to Bhiwandi Police Station once in a month till disposal of the appeal.
2. Application is allowed in above terms.
[SMT. V.K. TAHILRAMANI, J.]
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2 issues framed by the court
Whether bail should be granted to a convicted rape accused suffering from HIV and deteriorating health pending appeal
Whether the non-support of prosecution witnesses by the minor victim justifies granting bail
1 provisions across 1 enactments
Mohammad Sagar Mohammad Siraj Shaikh
The State of Maharashtra
V.K. Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court