RAJKISHOR GUNNIDHI DASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail on medical ground. The applicant is arrested in connection with C.R. No.20 of 2018 registered with Yellow Gate Police Station, Mumbai for offences under Sections 285, 387, 506, 120B r/w Section 34 of Indian Penal Code (herein after referred to as " IPC " for short) and Sections 3 & 7(2) of the Essential Commodities Act , 1955 along with clause 5 of the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005. Subsequently, the provisions of Sections 3(1)(ii), 3(2) & 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (herein after referred to as "MCOC Act" for short) were invoked.

(2.) Learned counsel for the applicant submitted that the applicant is suffering from several ailments while in custody applicant had tested positive for Covid-19. On 19-09-2019 he was diagnosed with "right submandibular gland sialadenitis with adjacent right sided reactive cervical lymphadenopathy." He was diagnosed with Granulomatous Lymphadenitis Extrapulmonary Tuberculosis. Due to the aforementioned medical condition of the Applicant, his immune system is extremely weak. All of the ailments, especially HIV, that the applicant has been diagnosed with, specifically targets his immune system and he is now extremely vulnerable to contracting other infections/viruses; especially under the prevailing circumstances of a pandemic. Apart from the risk of contracting other infections/ viruses, the applicant's immune system has already deteriorated and due to his medical condition he is in constant pain due to the tumour(s) and swelling that has developed in his lymph nodes all over his body. It is pertinent to note that the CD-4 cell count of the Applicant is 550 per cubic millimeter. CD- 4 cell count is used to check the health of the immune system in persons who are infected with HIV. HIV attacks and destroys CD-4 cells and once the CD-4 cell count falls to below 500 per cubic millimeter, there is a strong likelihood of the applicant developing AIDS [Acquired Immunodeficiency Syndrome] as his immune system begins to give up.

(3.) Learned counsel for the applicant relied upon the decisions of the Supreme Court in the case of Mr. X V/s. Chairman State Level Police Recruitment Board 2005 SCC OnLine AP 1039 delivered by High Court of Andhra Pradesh. He adverted to observation made by the Court in paragraph 17 which refers to the effect of HIV. It is submitted that on account of his health condition the applicant is entitled for bail.