2022 (4) TMI 1655 - SCH - Indian Laws

HIV-Positive Petitioner Receives Compassionate Bail Due to Critical Medical Condition and Statutory Protections

BHAWANI SINGH Versus STATE OF RAJASTHAN

SC granted bail to HIV-positive petitioner based on critical medical condition, requiring severe health support and inability to walk independently. Court ... Seeking grant of bail on health issues - report by the Medical Board - several cases pending against accused - benefit under Section 34(2) of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome - HELD THAT:- 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. Thus, the petitioner shall be enlarged on bail subject to such terms and conditions imposed 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. 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 law. The SLP is disposed of accordingly. The Supreme Court, through Hon'ble Justices S. Ravindra Bhat and Pamidighantam Sri Narasimha, granted bail to the petitioner suffering from HIV and being immuno-compromised, relying on the medical report stating the petitioner has 'severe dyspnoea at rest and unable to walk without support' and requires 'regular treatment and follow up.' The Court held that 'a case for grant of bail is made out' given the petitioner's health condition.The bail is subject to terms imposed by the Trial Court, including periodic reporting at the Police Station due to multiple pending cases. The Court emphasized the petitioner's entitlement under Section 34(2) of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, which mandates that '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.'The High Court is directed to expedite disposal of the petitioner's appeal, and the petitioner may claim anonymization of records to suppress identity as per law. The Special Leave Petition (SLP) is disposed of accordingly, with pending applications also disposed.