23. cr appa 736-10.doc 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 1 23. cr appa 736-10.doc 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.] 2 23. cr appa 736-10.doc 3