IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.596 OF 2008 CRIMINAL APPLICATION NO.596 OF 2008 CRIMINAL APPLICATION NO.596 OF 2008 Bryan George Lamb @ Rekha ..Applicant versus The State of Maharashtra ..Respondent Mr.Bagade for the Applicant Ms.Jhaveri for the State CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 28th April, 2008. DATED : 28th April, 2008. DATED : 28th April, 2008. P.C. 1. The applicant is charged under Section 363, 366A, 376 r/w. 34 of I.P.C. and Section 3, 4, 5, 6 and 7 of the PITA Act. I have heard the learned Advocates for both the sides. Prima facie case for charges under the PITA as well as under Section 363 and 366A are made out. 2. This Court is informed that the Sessions Case is fixed for trial on 5.5.2008. If this is the position, it would not be proper to exercise discretion in favour of the applicant with regard to the grant of bail and the bail application is required to be rejected. -2- 3. Advocate Mr. Bagade submitted that the applicant be provided by medical facilities as the applicant is detected HIV positive. His request can be granted. Hence the Order. ORDER i) Application for bail is rejected. ii) Concerned jail authorities are directed to see that the applicant is provided with proper medical facilities. Viii) The learned Adds.Sessions Judge before whom the case is pending shall give top priority to this case and attend to it as expeditiously as possible. iv) If the Court is vacant, the learned Principal Judge shall assign the case to the proper Court. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)