- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY VPH CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL APPLICATION No. 151 OF 2007 Paster @ Selvamani Alexander . . . Applicant Vs. The State of Maharashtra . . . Respondent Mr.C. G. Gavanekar, Advocate for the applicant. Ms. R. M. Gadhvi, APP for the State. CORAM CORAM CORAM : J.H. BHATIA, J. : J.H. BHATIA, J. : J.H. BHATIA, J. DATE DATE DATE : FEBRUARY 15, 2007. : FEBRUARY 15, 2007. : FEBRUARY 15, 2007. P.C. . Heard Mr. C. G. Gavanekar, learned counsel for the applicant and Ms. R. M. Gadhvi, APP for the State. Perused police papers. 2. The applicant, who was running orphanage , has been arrested on 20th April 2006, on the allegation that he had committed rape on a minor girl and therefore Crime No.I 107 of 2006 for the offences punishable under S. 376(2)(C), 354, 323 read with S. 34 of I.P.Code came to be registered against the present applicant and his accomplice Anandibai - 2 - at Nalasopara Police Station.. His bail application was rejected by the Sessions Court, Palghar on merits and in August 2006 he had filed application before this Court which was disposed of as withdrawn on 11-9-2006. According to the applicant, at that time it was expected that trial would be expedited and completed soon, and therefore, he had withdrawn the application. But in spite of lapse of five months thereafter, there has been no progress in the trial and presently, he is suffering from severe ailments. He was produced at the Civil Hospital Thane, but still his condition is deteriorating and he needs treatment in the private hospital. 3. After some discussion and perusal of papers, I find that the charges against the present applicant are serious enough to refuse bail. However, in view of the fact that he is in jail for last about ten months, the trial needs to be expedited as he is allegedly suffering from ailments including vertigo vasilary insufficiency (VBI), hyper tension, anxiety and also chest pain. It is also - 3 - necessary for the jail authorities to provide proper treatment to him. 4. Therefore, application stands rejected. However, the learned Additional Sessions Judge, Palghar is hereby directed to expedite hearing of the case, and dispose off the matter as early as possible and in any case, within 3 months from the date of receipt of Writ of this Court. Similarly, the Superintendent, Central Jail Thane shall also see that appropriate treatment is given to the applicant and if need be, he may be taken to Higher Centre, like J. J. Hospital Mumbai for investigation and treatment. The application stands disposed off in terms of above directions. Sd/- [ J. H. BHATIA, J.] J. H. BHATIA, J.] J. H. BHATIA, J.]