Supreme Court Grants Bail To Accused Suffering From HIV

Supreme court also directed concerned Court to give benefit of various conditions to petitioners.

New Delhi:

The Supreme Court has granted bail to a man accused in several criminal cases after observing that he is suffering from HIV and appears to be immuno compromised.

A bench of Justices S Ravindra Bhat and Pamidighantam Sri Narasimha granted bail to a man observing his HIV medical report.

According to the medical report of the accused, the patient has severe dyspnoea at rest and is unable to walk without support. Due to being immuno-compromised, he is at risk of having repeated infections. The patient requires regular treatment and follow up.

“Having regard to the peculiar circumstances of the case given that the petitioner is suffering from HIV and appears to be immuno compromised, this Court is of the opinion that a case for grant of bail is made out,” the top court said.

The Court said that the petitioner shall be enlarged on bail subject to such terms and conditions imposed by the trial court.

The top court also directed the concerned Court to give the benefit of various conditions to petitioners 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 Court noted that several cases are pending against him. The top Court said that the High Court shall take appropriate steps to bear and dispose of the petitioner’s appeal at its earliest convenience.

Further, the petitioner is at liberty to claim anonymization of the records to suppress his identity in accordance with the law, the top Court said.


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