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2022 DIGILAW 586 (SC)

Bhawani Singh v. State of Rajasthan

2022-04-11

P.S.NARASIMHA, S.RAVINDRA BHAT

body2022
ORDER : 1. Pursuant to the direction issued on last occasion, the State has filed counter affidavit enclosing copy of the report by the Medical Board which examined the petitioner. 2. The medical report inter alia states 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.” 3. 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. 4. In the circumstances, the petitioner shall be enlarged on bail subject to such terms and conditions imposed by the Trial Court. 5. 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. 6. The petitioner is entitled to be given 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........ 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.” 7. 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. 8. The SLP is disposed of accordingly. 9. Pending applications, if any, shall stand disposed of.