1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.132 OF 2009 IN CRIMINAL APPEAL NO.889 OF 2008 Rajkumar Omprakash Jaiswal. ..Applicant. Versus The State of Maharashtra. ..Respondent. .... Mr.S.R.Chitnis, Senior Counsel i/b. Mr.Nitin Sejpal & Ms.Pooja Bhojne, Advocates for the Applicant. Mr.V.B. Konde - Deshmukh, APP, for the State. .... CORAM : SMT.RANJANA DESAI AND CORAM : SMT.RANJANA DESAI AND CORAM : SMT.RANJANA DESAI AND MR.R.G.KETKAR, JJ. MR.R.G.KETKAR, JJ. MR.R.G.KETKAR, JJ. DATED : 17TH APRIL,2009. DATED : 17TH APRIL,2009. DATED : 17TH APRIL,2009. P.C.:- 1. This application for bail is filed by original accused No.4 in Sessions Case No.149 of 2006. By order dated 31st July, 2008, the 1st Adhoc Additional Sessions Judge for Greater Mumbai at Sewree convicted him for an offence punishable under Section 302 of Indian Penal Code. We are informed that at present he is lodged in Nashik Road Central Prison. 2. The applicant’s case is that he is suffering from Seropositive (HIV Positive) and hence he may be released on bail. Copy of the medical report 2 submitted by the Superintendent of Nashik Road Central Prison is taken on record and marked "X". Our attention is drawn by Mr.Chitnis the learned Counsel appearing for the Applicant to an order dated 24th October, 2008 passed by Division Bench of this Court (S.B.Mhase & R.V.More,JJ.) releasing accused No.3 - Shivkumar @ Babu Mohan Verma on bail on medical reasons as stated in his application. It appears that even accused No.3 was suffering from the same disease. In our opinion, in the circumstances and on the ground of parity, the applicant should be granted bail. Hence the following order :- The applicant - Rajkumar Omprakash Jaiswal be released on bail in the sum of Rs.10,000/- (Rs.Ten Thousand Only) with one or two local sureties to make up the amount. Criminal Application is disposed of accordingly. [SMT.RANJANA DESAI,J.] [MR.R.G.KETKAR,J.]