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2025 Supreme(Online)(Bom) 6366
BOMBAY HIGH COURT
ASHWIN D. BHOBE, J
Dagadu Baburao Patil – Appellant
Versus
The State of Maharashtra – Respondent
CRIMINAL BAIL APPLICATION | NO. 2635 OF 2025
For the Appellants/Petitioners: Mr. Paras Yadav
For the Respondents: Mr. Tanveer G. Khan
Bail granted to HIV-positive applicant considering health and family circumstances with strict conditions imposed.
Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Sections 91, 319(2), 318(2), 3(5) - Maharashtra Medical Practitioner Act, 1961 - Sections 33 & 33A - Medical Termination of Pregnancy Act, 1971 - Sections 3 & 4 - Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 - Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 - Section 34(2) - Bail Application - Applicant seeks bail under Section 483 due to health issues and family circumstances involving a disabled child. Court emphasizes statutory provisions requiring expedited handling of legal matters concerning HIV positive individuals. (Paras 7, 9, 11)
(B) Bail - Conditions - Court stipulates bail conditions including cooperation in trial, non-indulgence in medical practice, and requirements for maintaining contact with authorities. Emphasis on preventing tampering with evidence and maintaining bond conditions. (Paras 11)
| Table of Content |
|---|
| 1. court heard arguments from both sides regarding bail. (Para 1 , 2) |
| 2. details of the applicant's charges and prior bail denial. (Para 3 , 4) |
| 3. applicant's health condition and family circumstances. (Para 5 , 6) |
| 4. statutory provisions for expedited cases involving hiv. (Para 7 , 9 , 10) |
| 5. conditions attached to bail including non-indulgence in medical practices. (Para 11) |
| 6. bail application concluded with conditions set. (Para 12) |
Mr. Paras Yadav, learned Advocate for the Applicant.
Mr. Tanveer G. Khan, learned A.P.P. for the State/Respondent.
__________
CORAM : ASHWIN D. BHOBE, J.
DATE : 8th AUGUST 2025.
P.C. :
1. Heard Mr. Paras Yadav, learned Advocate for the Applicant and Mr. Tanveer Khan, learned A.P.P. for the State/Respondent.
2. Applicant, an accused in Crime No. 747 of 2024 registered with Juna Rajwada Police Station, District-Kolhapur for the offences punishable under Sections 91 , 319(2), 318(2), 3(5) of the Bharatiya Nyaya Sanhita , 2023, Sections 3 3 & 33A of the Maharashtra Medical Practitioner Act , 1961 and Sections 3 & 4 of the Medical Termination of Pregnancy Act , 1971 and Section 5 of the Pre-Conception and Pre-Natal Diagnostic Techniques Act , 1994, is before this Court seeking bail under Section 4 83 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Said crime is registered as Sessions Case No. 67 of 2025 and is pending before the learned Additional Sessions Judge, Kolhapur.
3. There are 10 accused persons in the present crime. Applicant is Accused No. 1.
4. Applicant was arrested on 20th December 2024, since then he is in jail. Bail Application at Exhibit-3 filed by the Applicant in Sessions Case No. 67 of 2025 was rejected by the learned Additional Sessions Judge, Kolhapur on 11th April 2025.
5. Mr. Paras Yadav, learned Advocate for the Applicant submits that the Applicant is suffering from HIV. He submits that he has a son, who is a person with disabilities. He points out to Unique Disability ID issued by the Government of India, wherein the son of Applicant is shown to be intellectually disabled (75%). He submits that there is no one to look after his son. He therefore prays that the Applicant be released on bail.
6. Mr. Tanveer Khan, learned A.P.P. for the State/Respondent submits that the Applicant is a HIV positive person and appears to be immuno compromised.
7. Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act , 2017, provides for expeditious disposal of legal proceedings concerning and relating to HIV persons. Section 34 (2) of the said Act is transcribed hereinbelow :-
“34 …
…
2 In any legal proceeding concerning or relating to an HIV positive person, the Court shall take up and dispose of the proceeding on priority basis.”
8. I have perused the records with the assistance of learned Advocates of the parties.
9. Having regards to the peculiar facts and circumstances of the present case, considering the Applicant is a HIV positive person, in jail since the month of December 2024 and his son being a person with disabilities (assessed at 75%), I am of the opinion that this is a case for grant of bail.
10. Mr. Paras Yadav, learned Advocate for the Applicant on instructions from the Applicant submits that the Applicant shall not indulge himself in medical practice. Statement made by Mr. Paras Yadav, learned Advocate for the Applicant is accepted.
11. In view of the above, the present Bail Application is allowed on the following conditions :-
a. Applicant is directed to be released on bail in connection with Crime No. 747 of 2024 registered with Juna Rajwada Police Station, District-Kolhapur for the offences punishable under Sections 91 , 319(2), 318(2), 3(5) of the Bharatiya Nyaya Sanhita , 2023, Sections 3 3 & 33A of the Maharashtra Medical Practitioner Act , 1961 and Sections 3 & 4 of the Medical Termination of Pregnancy Act , 1971 and Section 5 of the Pre-
Conception and Pre-Natal Diagnostic Techniques Act, 1994 on executing P.R. Bond in the sum
