APPA. 233-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 233 OF 2011 IN CRIMINAL APPEAL No. 620 OF 2010 Alkesh @ Vinay Vasant Karekar ... Applicant Vs. The State of Maharashtra ... Respondent *** Mr. Ayaz Khan i/ R. S. Bidkar & Y. M. Kadam, for the Applicant. Mr. K. V. Saste, APP for the Respondent. *** CORAM : V. M. KANADE, & A. M. THIPSAY, JJ. DATE : SEPTEMBER 29, 2011 PC: 1. Heard the learned counsel appearing for the applicant and the learned APP appearing for the respondent. The applicant is convicted for the offences punishable under S. 302, 449, 392, 397 of I. P. Code. The applicant is sentenced to suffer rigorous imprisonment for life, so far as offence punishable under S. 302 of I. P. Code is concerned. 2. It is submitted that applicant is suffering from HIV +ve and is seriously ill. It is submitted that CD4 count of the applicant is less than 200, as stated in the earlier report dated 16-9-2011 and in APPA. 233-11 - 2 - such cases it is necessary to admit the applicant in the hospital. Taking into consideration the submissions made by the learned counsel for the applicant, we had directed the Superintendent, Nashik Road, Central Prison to get the applicant examined at the Nashik Civil Hospital. Accordingly, a report was submitted in which it is stated that at one point of time, the applicant’s CD4 count was less than 200 and thereafter he was treated in the hospital and at present his condition is stable. Thereafter since the report was not clear regarding his chances of survival and since it was not mentioned in the said report whether it is necessary to admit the prisoner in the hospital, we had directed the concerned medical officer to submit a fresh report. In the report dated 23-9-2011 it is stated that on 15-7-2011 his CD4 count was 542 and in the last report dated 28-9-2011 it is mentioned that at one stage i.e. on 6-5-2009 his count had come down to 51, on 16-6-2009 it is dropped to 34. Taking into consideration the said report, in our view, the applicant deserves to be released on bail. 3. The applicant, therefore, be released on execution of P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount. The applicant shall give his residential address to the local police station and one of his relatives shall report about the condition to the concerned police station, once in a month. . Criminal application is disposed of in the aforesaid terms. [A. M. THIPSAY, J.] [ V. M. KANADE, J.]