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HIV-positive convict seeks bail from Bombay HC

William alias Hema (name changed) has urged the court to grant him bail because he needs treatment for advanced HIV.

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HIV-positive convict seeks bail from Bombay HC
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An HIV-positive eunuch, who was convicted of rape and human trafficking, has moved the Bombay high court seeking bail and suspension of his seven-year imprisonment. William alias Hema (name changed) has urged the court to grant him bail because he needs treatment for advanced HIV.

William has also stated that he has been falsely implicated in the case and that there is no actual evidence against him. According to the petition filed through the Nashik jail, where he is presently serving sentence, the convict alleged that he was trapped by a police informer who had been bribed to implicate him.

In February, a division bench of HC, while disposing off a bail application filed by an HIV-positive convict, had ruled that such prisoners should be granted bail. The court had also suggested that the government should work on a solution for dealing with proliferation of HIV cases in prisons.

William was declared as HIV-positive when he was admitted to the Nashik central prison after his conviction in May, 2009. “My CD4 counts are as less as 65 and I have been presently prescribed Antiretrovial Therapy (ART). I have been asked to undergo treatment regularly at the civil hospital but sometimes jail authorities are unable to take me to the civil hospital due to various reasons,” states the application. The CD4 cell count, which HIV targets, decreases as the disease progresses.

The application also says that the jail does not provide him the kind of diet suggested for HIV-positive patients. “His health is deteriorating and he is suffering from the side effects of high medical dosage,” said William’s  legal aid advocate Anjali Waghmare.

As per William’s application, on February, 16, 2007, the Trombay police received secret information that a prostitution racket was being run out of Chitah camp by a eunuch. A police team immediately raided the spot and found two scantily clad minor girls with two men in their 20s. The police arrested the two men and William. The minor girls were rescued and sent to a children’s remand home.

William was tried under section 376 (1), 377 of IPC and also under provisions of PITA Act (for human trafficking).      

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