SHATRUGHN BABURAO GAVHANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant, who is a under trial prisoner in connection with Crime No.I-8 of 2010 registered with Shrirampur City Police Station (Sessions Case No.44 of 2014), District Ahmednagar for the offences punishable under sections 302 , 143 , 147 to 149 , 120-B , 504 , 506 of the Indian Penal Code, Sections 3 / 25 of the Arms Act, Section 37 of the Bombay Prohibition Act is seeking temporary bail in view of the guidelines issued by the High Power Committee time to time and his application with similar prayer Exh.18 in Sessions Case No.44 of 2014 came to be rejected by the Additional Sessions Judge, Shrirampur by order dated 26.5.2020.

(2.) Learned counsel for the applicant submits that applicant is suffering from HIV, so also he has suffered a paralytic attack. Learned counsel submits that applicant has also tested positive for Covid-19. The applicant has annexed all the relevant medical certifcates to the application. Learned counsel submits that health condition of the applicant is critical. The learned Judge of the Trial Court has not verifed the said medical certifcates nor the Trial Court has made any observations in the order about his health condition. Learned counsel submits that by order dated 14.8.2020 this Court has directed the learned APP to take instructions from the Superintendent of Jail about the health condition of the applicant and as to whether the aforesaid ailments have affected the day to day routine of the applicant in jail and whether the applicant is getting treatment for his ailments from the jail doctors/jail hospital or the District Hospital. Learned counsel submits that it is not disputed that the applicant is suffering from all those ailments as detailed above. Learned counsel for the applicant submits that though it is a case of the year 2014, wherein other co- accused persons came to be tried by the Sessions Court and said Sessions Case came to be disposed off way back in the year 2013 (it was previously numbered as Sessions Case No.24 of 2010), in the frst charge-sheet or the trial nowhere name of the applicant is mentioned as an accused person nor the allegations have been made against him by prosecution witnesses during the entire course of the trial. Learned counsel submits that for the frst time in the year 2018 the applicant came to be arrested in connection with the said crime no.8 of 2010 as a person who hatched the conspiracy of committing murder and that he has supplied the weapon and animation to the killers. Learned counsel submits that in the year 2018 the applicant came to be arrested in connection with this crime and since then he is in jail. Prima facie, there is no evidence about said conspiracy allegedly hatched by the applicant. The learned counsel submits that the applicant never absconded nor at any time he was apprehended by the police in connection with the crime no.8 of 2010. In the year 2018 only supplementary charge-sheet came to be fled against the applicant. Learned counsel submits that in the earlier charge-sheet of the trial present applicant is not shown as an absconding accused. The applicant fulflls all the conditions issued by the High Power Committee. The applicant may be released on temporary bail.

(3.) Learned A.P.P. has strongly resisted the application on the ground that though the applicant is HIV positive and also tested positive for Covid-19, however, the applicant is getting treatment through Jail doctor, HIV center in the District. There is no supportive evidence about paralytic attack said to have been suffered by the applicant. The learned APP submits that the applicant is not entitled for temporary bail.