1 crap-3762-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRI. APPELLATE SIDE JURISDICTION APPLICATION NO. 3762 OF 2009 Nehrullah Karimtullah Shaikh ..Applicant Vs. The State of Maharashtra ..Respondent .... Mr.Aniket Vagal Adv. for Applicant Mr.N.M.Nakhawa APP for Respondent-State .... CORAM : SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 15, 2009 P.C.: 1. Heard the learned advocate for the applicant and the learned APP for the State. 2. The applicant is seeking bail in Sessions Case No.78 of 2005 pending before the Sessions Court at Thane. The said case pertains to C.R.No. 124 of 2004 of Vashi Police Station. The said case is mainly under Sections 302, 366, 364 and 201 of IPC. 3. The prosecution case is that the applicant is involved in a serious case of kidnapping a minor child of about three and half years for ransom and thereafter the child was murdered. After the child was kidnapped, 2 crap-3762-09 ransom calls were received by the father of the child. Some of these calls were tape-recorded. It is the prosecution case that some of these calls have been made by the applicant. The voice which was tape recorded and the voice of the applicant, tally as per the report of the Forensic Laboratory, Chandigarh. The material gathered by the prosecution shows that even after the part payment of the extortion amount by the complainant, the child was murdered. It is further the prosecution case that dead body of the child was recovered at the instance of the applicant. 4. The learned counsel for the applicant submitted that the applicant has been in custody since 24.5.2004. He submitted that moreover, the applicant is suffering from HIV, hence, on the account that the applicant has been in custody for a long period of time and on medical ground, the applicant may be released on bail. 5. The medical report of the applicant submitted by the jail authorities does show that the applicant is suffering from HIV. However, the medical report shows that the condition of the applicant is stable. Admittedly, at present, the applicant is in the barrack and not in the jail hospital or Government hospital. The Medical Officer of Thane Central Prison who was present in person on 12.10.2009 before this Court, has also stated that the general condition of the applicant is fair and his condition is stable. He further stated that the necessary treatment and 3 crap-3762-09 medicines are supplied to the applicant. The learned APP submitted that the trial has also started and two witnesses have been examined. He submitted that the trial would be completed within a period of five months from today. 6. Looking to all the above facts, I am not inclined to grant bail at this stage. Application is rejected. However, liberty is granted to the applicant to prefer a fresh application for bail, in case, the trial is not completed by 31.3.2010. The Sessions Court Thane to endeavour to complete the trial as far as possible by 31.3.2010. 7. Needless to state that Jail authorities shall provide the applicant all the necessary treatment and medicines as required by the applicant from time to time and if found necessary, the applicant be sent to the Government Hospital for treatment. 8. Application is disposed of in above terms. [ SMT.V.K.TAHILRAMANI,J.]