LATABAI BHARAT CHANDANSHIVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for the applicant on the prayer made by him for cancellation of bail.

(2.) THE grounds invoked for cancellation of bail are as under:

(3.) MR Chitnis, learned counsel appearing for the respondent-accused submits that the bail was granted by the Sessions Court on the medical ground. He submits that when application for bail was rejected by the High Court that time the medical ground pressed into service was not available since the accused was not diagnosed as HIV positive. He submits that after rejection of the application by the High Court, the accused was diagnosed as HIV positive. In support of that he placed reliance on the certificate issued by A.R.T.Centre of J.J. Group of Hospital, Mumbai, which is established by the Municipal Corporation, Greater Bombay. The said certificate is dated 15.6.2006. He further points out that the accused-respondent is required to attend J.J. Group of Hospital for periodical check up for taking further treatment. He further submits that the proceedings initiated under Chapter VIII particularly under Section 110(e) and (g) of the Cr.P.C. initiated against him on the basis of complaint made by the present complainant were quashed and set aside by the Division Bench of this Court vide order dated 5.9.2006 in Criminal Writ Petition No.1606 of 2006. He,thus, submits that the story of having given threats by the present accused does not hold water. He further submits that if the bail is cancelled then the accused -respondent would be deprived of his right to take medical treatment. Under these circumstances, he submits that the application for cancellation of bail is liable to be rejected.