Satish @ Kannya S/O. Tikamchand ... vs The State Of Mah. Thr. Pso Ps ...
2021 Latest Caselaw 10952 Bom

                                                                         1                Cr.Appeal No.293.2021-J


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.

                              CRIMINAL APPEAL NO. 293 OF 2021.

  Satish @ Kannya S/o. Tikamchand Badnakhe,
  Aged about 60 years, Occ.: Tailor,
  R/o. Dharni, Tq. Dharni, Dist. Amravati. ....                                                   APPELLANT
                                                                                                (IN JAIL)

                                 ------ VERSUS -----


  1.       The State of Maharashtra,
           Through Police Station Officer,
           Police Station, Dharni,
           Tq. Dharni, Dist. : Amravati.

  2.       Vishal S/o. Surendra Jawarkar,
           Minor, through his natural guardian mother
           Sau. Sunita Wd/o. Surendra Jawarkar,
           Aged about 35 years,
           R/o. Ward No.4, Near Government Well,
           Dharni, Tq. Dharni, Dist. Amravati.  .... RESPONDENTS
  ________________________________________________________________
  Shri Anil Mardikar, Senior Advocate with Shri Rishabh Khemuka,
  Advocate for the Appellant.
  Shri V. A. Thakare, A.P.P. for the Respondent No.1/State.
  _________________________________________________________________________________________________________________________________


                         CORAM : V. M. DESHPANDE AND
                                                 AMIT B. BORKAR, JJ.

                         DATE            :       12.08.2021.

 ORAL JUDGMENT : [PER: AMIT B. BORKAR, J.]


  1.                     Heard.


  2.                     ADMIT.

3. This is an appeal under Section 14-A of the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

challenging the order dated 19.10.2020 passed by the learned

Additional Sessions Judge - 1, Achalpur in Criminal Bail Application

No.648/2020.

4. The First Information Report came to be registered

against the appellant with the accusations that on 15.10.2019, the

respondent No.2 lodged report with the respondent No.1 - Police

Station alleging that the appellant had unnatural sexual intercourse

with the respondent No.2 and gave amount of Rs.200/- to the

victim. It is alleged that again on 27.09.2019, the appellant called

the respondent No.2 and took him to the same place and again had

unnatural sexual intercourse with him. On 15.10.2019 the

appellant again committed unnatural sexual intercourse with the

respondent No.2.

5. The appellant initially filed Bail Application

No. 671/2019 under Section 439 of the Code of Criminal

Procedure, which was rejected by the learned Additional Sessions

Judge, Achalpur. The appellant therefore, approached this Court by

way of filing Criminal Appeal No.135/2020. This Court dismissed

the Criminal Appeal filed by the present appellant on merits by

detailed judgment and order dated 05.06.2020.

6. The appellant thereafter, again filed Criminal Bail

Application No.648/2020 before the learned Additional Sessions

Judge-1, Achalpur. The learned Additional Sessions Judge-1,

Achalpur by impugned order dated 19.10.2020 rejected the bail

application of the appellant. The appellant has therefore, filed the

present appeal.

7. This Court on 26.07.2021 recorded the submission of

the appellant that the appellant is allegedly suffering from HIV and

his health condition is worsening day by day. This Court therefore,

directed the Superintendent of Amravati Correctional Home to

examine physical condition of the appellant through either the jail

hospital or nearby civil hospital and submit report to this Court.

8. The Medical Officer Dr. Milind Sitaram Gavai has filed

an affidavit dated 03.08.2021. It is stated in the affidavit that he

has examined the appellant thoroughly and perused his papers. He

annexed the copy of the report card as per direction of National

AIDS Control Organization. It is stated in the affidavit that the

appellant is receiving Antiretroviral Therapy as per guidelines of

National AIDS Control Organization (NACO) and he is

Asymptomatic and is having good health and nutritious diet is also

given to him regularly. It is stated that at present health condition

of the appellant is stable.

9. Since this Court had already rejected the bail

application of the appellant earlier and there is no change in

circumstances except the allegation that the appellant is suffering

from HIV disease. In view of the affidavit filed by Dr. Milind Sitaram

Gavai, it appears that the condition of the appellant is stable and he

is asymptomatic patient. Since the health condition of the appellant

is stable, there is no change in circumstance after the rejection of

the appeal filed by the appellant. This Court while dismissing the

Criminal Appeal No.432/2020, has considered merits and has

dismissed the appeal by giving detailed reason. Therefore in absence

of change in circumstance, the rejection of the second bail

application by the learned Sessions Judge by way of impugned

order is perfectly legal. There is no illegality in the impugned order.

10. The Criminal Appeal is therefore, dismissed.

11. In view of dismissal of main appeal, pending Criminal

Application (APPA) No.399/2021 does not survive and the same

stands disposed of accordingly.

                                     JUDGE                                JUDGE


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