1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLICATION NO.1018 OF 2009 IN CRIMINAL APPEAL NO.876 OF 2009 Shivpal Dinbandhu Singh ...Applicant/Appellant (Orig.Accused) Vs. The State of Maharashtra ...Respondent Mr.J.Khajotia i/b. Mr. Sandeep Singh, Advocate for the Applicant Mrs. R.V. Newton, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 1ST DECEMBER, 2009 P.C. 1.The applicant is accused No.1 of the four accused who have been convicted for the offences punishable under Sections 365, 392, 397 and 506(2) of the I.P.C. The articles robbed have been recovered. The T.I.P has been carried out and these accused have been identified. 2.The case made out by the applicant is that he has been arrested on the date the F.I.R was lodged, but prior to the F.I.R. The F.I.R shows that the information was received at 8.10 p.m on 16 th June 2008. The evidence of 2 the panch shows that he was called at 10.15 a.m on 16 th June 2008. Hence, it is contended on behalf of the accused that the case is false. These aspects are material to be considered in the Appeal. The learned Judge has considered the fact that this F.I.R was belatedly lodged because the complainant was intimidated. The accused had told him that they belong to the gang of Dawood and frightened him. The applicant first narrated the incident to his elder brother 4,5 days after the incident and thereafter lodged the complaint. The learned Judge has seen that the delay is proper and acceptable. The learned Judge has also considered that it has not been the case of the accused that because of the enmity false complaint has been lodged. 3.No case for bail is made out. 4.The applicant had also contended that he suffered from HIV/AIDS. He applied to be released on that ground also. The report of the Civil Hospital, Nashik shows that the applicant has been given treatment for his condition. He also been put on special diet. No case for bail on that ground is also made out. 5.The application rejected. (SMT. ROSHAN DALVI, J.)