1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Application No.787 of 2009 In Criminal Appeal No.1192 of 2004 Abhimanyu Shrimarkant Tiwari Applicant Vs. The State of Maharashtra Respondent Ms.Pooja Bhojne for applicant. Mr.P.A.Pol, I/c.PP for State. CORAM: B.H.MARLAPALLE & SMT.ROSHAN S. DALVI,JJ. August 10, 2009. P.C. 1. Heard Mrs.Bhojne, the learned counsel for the applicant. Criminal Application No.4306 of 2004 filed by the applicant for being released on bail came to be rejected on 1/7/2005 pending Criminal Appeal No.1192 of 2004 which has been filed by the applicant. 2. This fresh application for being released on bail has been filed solely on the ground that the applicant is suffering from HIV +ve (AIDS). The learned counsel has referred to the order passed by this Court on 17th April 2009 in Criminal Application 2 No.132 of 2009 and prayed for being released on the basis of parity. In short the prayer made before us is that all the convicts who are suffering from AIDS should be released on bail and we are not inclined to accept such a ground for suspending the order of sentence under Section 389 of Cr.P.C. 3. We wanted to know the applicant’s treatment details and affidavit in reply by Mr.Ganesh Amrut Mankar, Jailor Group-II attached to Nashik Road Central Prison has been filed. The papers annexed thereto indicate that the applicant is receiving treatment at ART, Civil Hospital, Nashik from 22/7/2008 onwards. ART Center, Civil Hospital, Nashik has also done the pathological tests on 6/1/2009 and he was thereafter called on 7/7/2009. Case papers of ART, Nashik indicate that he was last examined on 27/7/2009. The certificate issued by the Chief Medical Officer, Central Prison, Nashik Road states that the applicant is taking ART treatment at Civil Hospital, Nashik and he is on high protein diet. The certificate further states that the applicant’s general condition as of now is satisfactory. We are, therefore, not inclined to consider the request of being released on bail as of now as we are satisfied that the applicant is receiving the required medical treatment. 3 4. Hence the application is rejected. (SMT.ROSHAN S. DALVI,J.) (B.H.MARLAPALLE,J.)