/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 436 OF 2008 IN CRIMINAL APPEAL NO.328 OF 2008 Sharad Shankar Pabrekar ...Applicant Vs. The State of Maharashtra ...Respondent --- Ms.Surtaj Shaikh for Applicant Mr. D.P. Adsule APP for the State ---- CORAM: V.M. KANADE J. DATED 17TH DECEMBER, 2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant has been convicted for the offence punishable under sections 395 and 397 of the Indian Penal Code and is sentenced to suffer R.I. for seven years. 3. The learned Counsel appearing on behalf of the Applicant submits that the Applicant has already undergone 2 ½ years of the said sentence and he is also suffering from HIV +. He submitted that the Applicant has a good case on merits. 4. The learned APP for the State, however, submitted that there are / 2 / ten cases, which are pending against the Applicant. A list of those cases has been submitted by the Learned APP. In some cases, the Applicant is acquitted, while some other cases are pending. 5. Taking into consideration these facts and the fact that the Applicant is identified by the Complainant and other two persons and recovery of the ornaments was made at the instance of the Accused, no case is made out for granting bail to the Applicant. Application for bail is rejected. 6. The Jail Superintendent, however, is directed to give proper medical treatment to the Applicant since he is suffering from HIV +. The Applicant be taken to the hospital for regular check up in order to ensure that the ailment should be kept under control. 7. Application is disposed of. V.M.KANADE J.