Supreme Court to Enlarge Bail of Accused who is HIV Positive

Prison Arrest Jail law insider

Paridhi Arya

Published on April 16, 2022 at 12:45 IST

The Division Bench of Supreme Court comprising of Justice Ravindra Bhat and Justice Pamidighantam Shri Narasimha while hearing the Special Leave Petition (SLP) filed by the Petitioner suffering from Human Immunodeficiency Virus (HIV) and he also appear to be Immune compromised granted him Bail after going through his Medical Report.

Petitioner is Accused in many Criminal Cases but Supreme Court directed the Rajasthan High Court in the Proceeding for the Speedy Disposal of his Appeal as benefit provided under Section 34(2) of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017.

The Reports of Accused clearly mentions that he is prone to infections even he need an assistance to walk because of being immune compromised he had diagnosed with severe Dyspnoea.

“Having regard to the peculiar circumstances of the Case given that the Petitioner is suffering from Human Immunodeficiency Virus and appears to be immuno compromised, this Court is of the opinion that a Case for grant of Bail is made out,” said by the Top Court.

Supreme Court asked High Court to take appropriate decisions to bear and dispose the Appeal at its earliest convenience.

Court said that the Bail of the Petitioner should be enlarged to such terms set up by the Trial Court.

In accordance to the Law, Court held that there is a Liberty with the Petitioner that he can claim to suppress his identity in the Case i.e. Anonymization of Records.

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