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ALLAHABAD HIGH COURT
BEFORE : VINOD PRASAD AND ANJANI KUMAR MISHRA, J.
MEHTAB ALAM ....Appellant
Versus
STATE OF U.P. ....Opposite Party
(Criminal Appeal No. 5278 of 2009, decided on 27th May, 2013)
Criminal trial—Bail—Acquired—Immuno Deficiency Syndrome (AIDS) suffering from—Life convict—Appellant contacted disease during period of imprisonment—Appellant is to be released on bail—However, directed to deposit fine amount.
BAIL - Section 389Cr.P.C. - 302 IPC - [Section 389Cr.P.C., Section 302 IPC] - The court discussed the provisions of Section 389Cr.P.C. and the case law related to the grant of bail to a prisoner suffering from a deadly disease. The judgment highlighted the importance of proper medical facilities and treatment for prisoners with serious illnesses and emphasized the need for compassionate release and medical parole for prisoners with HIV/AIDS.
Fact of the Case:
The appellant, convicted under section 302 IPC, sought bail on the grounds of suffering from AIDS and deteriorating health due to lack of proper medical care in jail. The court examined the appellant's medical condition and treatment, considering the report from the jail authorities.
Finding of the Court:
The court found that the appellant was receiving regular counseling and treatment at the Anti Retroviral Treatment Centre and Integrated Counselling and Testing Centre. It also noted that the appellant was not willing to take prescribed medicines and had a history of HIV before imprisonment.
Issues: The main issue was whether the appellant's health condition and the lack of proper medical facilities in jail warranted the grant of bail.
Ratio Decidendi: The court emphasized the importance of proper medical care for prisoners with serious illnesses and referred to the recommendations for compassionate release and medical parole for prisoners with HIV/AIDS. It considered the deteriorating health of the appellant and the pending appeal since 2009 in reaching its decision.
Final Decision: The court granted bail to the appellant on compassionate grounds, subject to specific conditions to ensure continued medical care and monitoring of the appellant's health.
This case was put up for pronouncement of orders today.
Heard Shri Sudhanshu Srivastava, learned Counsel for the appellant Mehtab Alam and the Learned AGA for the State in respect of the bail prayer of the appellant under Section 389Cr.P.C. who has been convicted under section 302 I.P.C. in Sessions Trial no:613 of 2007 and sentenced to life imprisonment along with fine.
Reason for seeking bail as has been argued is that the appellant is suffering from Acquired Immuno Deficiency Syndrome ( AIDS). Next it was urged that the appellant is in jail since 2007 and in 2010 he was diagnosed with the disease above noted, which therefore, was contacted during the period of imprisonment. The learned Counsel has also filed on record guidelines issued by the World Health Organisation for the care, treatment and prevention of AIDS in places of detention as also the recommendations made by the Royal Society of Canada and The National Advisory Committee on AIDS.
By the order dated 04.02.2013 this Court had called for a report from the Jail Superintendent as also the Jail Doctor, Central Jail Naini, regarding the condition of the appellant, the treatment being given to him and as to whether his treatment could be better managed within or out side jail.
The report in this regard dated 20.02.2013 is on record and we have perused the same. It states that on 31.03.2010, when the appellant was examined for the first time at the A.R.T. Center, S.R.N.Hospital, Allahabad his body weight was 79 kgs but the same has reduced to 61 kgs at the time of making of the report. Thus, it is opined that the health of the appellant is deteriorating. It has further been reported that the appellants' treatment is possible only at the A.R.T. Center, S.R.N.Hospital, Allahabad. However, on occasions, medicines are provided by the Counsellors of the I.C.T.C. after procuring the same from the A.R.T. Centre Allahabad.
Along with the report aforesaid, a photocopy of the Patient Booklet ( Card) prepared and issued by the A.R.T. Centre has also been annexed.
The learned AGA has urged that the appellant is a life convict and the fact that he is a patient of AIDS is not sufficient ground to grant him bail. He has placed before us, a series of orders passed by a Division Bench of the Bombay High Court in Bail Application no:371 of 2008 filed in Criminal Appeal no:706 of 2006, Rama @ Ramdas Ramchandra Ubale versus The State of Maharashtra and others.
It emerges from the order dated 08.03.2010 passed by the Bombay High Court in the case aforementioned that the appellant therein, a life convict had preferred an application, through jail, stating that he was suffering from HIV and had prayed for temporary bail so as to avail of proper medical facilities. The opening paragraph of the said order reads ..?
" In this matter, this court is required to consider an important question as to the manner in which a prisoner who is lodged in jail may rescue himself from contacting HIV or any serious disease of such a nature and in case, when a prisoner is suffering from such disease, what action the jail authorities and the State should take to see that the prisoner may get proper medical treatment while in jail."
The order further goes on to issue directions to the State of Maharashtra. Some of the said directions which are relevant to the instant case are quoted below :
" ( i) ICTC personnel may visit the prisons in the state where regular ICTC facilities are not available, at least once in a week:
ii. The State may try to increase the strength of sanctioned posts of medical officers in order to see that every prison may have medical officers whose services can be utilised at the prisons. Till such time, the State is directed to see that a medical officer, who is in charge of a local dispensary may visit the Centre, where there are no medical facilities regularly and at least thrice a week;
iii. ..............
iv. ...............
v. With a view to curb spreading of the AIDS in the j
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