Supreme Court Grants Bail To Accused Suffering From HIV

The bench of Justices SR Bhat and PS Narasimha granted bail in a SLP assailing Rajasthan High Court's order dated March 3, 2022.

On March 14, 2022 the bench had directed the State to place on record the report from a Medical Board certifying the present condition of the petitioner and dealing with the ailment(s) that he suffers from.

The medical report stated as follows,

"Patient have severe dyspnoea at rest and unable to walk without support. Due to immune compromised he is at risk of having repeated infection unhygienic condition. Patient requires regular treatment and follow up."

While directing to enlarge the accused on bail, the bench said that the accused was entitled to the benefit under Section 34(2) of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 of expeditious disposal of his appeal.

The provision reads as follows:

"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."

Accordingly the Top Court asked the High Court to take appropriate steps to bear and dispose of the petitioner's appeal at its earliest convenience .

It also said that the accused would be enlarged on bail on the terms set by the Trial Court.

"In addition to the usual conditions, the concerned court shall also impose appropriate conditions with regard to the periodic reporting by the concerned petitioner at the concerned Police Station, since several cases are pending against him," court further said.

Case Name: Bhawani Singh v State of Rajasthan| Special Leave to Appeal (Crl.) No(s). 2225/2022