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Mumbai: Undertrial’s plea seeking bail or mercy death rejected

The man, infected with HIV, has been in prison since 2009 in the murder case of a Congress leader.

Written by Sadaf Modak | Mumbai | Updated: April 30, 2016 2:21:57 am

UNABLE TO receive bail on medical grounds, a 55-year old undertrial recently approached the Mumbai sessions court with an appeal to allow him to opt for ‘mercy death’. The man, infected with HIV, has been in prison since 2009 in the murder case of a Congress leader. His plea to the court sought either release on bail or an order allowing him to die. The court rejected both pleas, last week.

“So far as his request to allow to opt for mercy death, settled law is that such type of permission cannot be granted. Therefore, request stands rejected,” said the order.

According to the lawyer, representing the undertrial in court, the accused made the application ‘out of frustration’ at not receiving bail. “It was out of the blue that he filed an application in-person before the court, seeking permission to die,” his lawyer said.

His plea, however, was opposed by the CBI which submitted before the court that he had played an active role in the commission of the crime, and if released on bail, he would influence the witnesses. The court accepted the contention, taking note of his role in the murder. The man is accused of having arranged for shooters for the murder.

The order said, “…prima-facie material shows involvement of the accused in the commission of the crime, and as there is no change in the circumstances, it is not possible to accept request made by the accused to release him on bail.”

The accused’s lawyer said that a previous bail application filed before the Bombay High Court had also been rejected.

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