The Bombay High Court on Friday released an HIV-positive convict on bail and suspended his life sentence so he could spend the rest of his days with his family.
The division bench of Justice B.H. Marlapalle and Justice Roshan Dalvi directed the release of the convict who has been lodged at Yerawada Central prison since April 2007 for murdering his neighbour.
The convict had moved high court for bail saying he was not being provided medical treatment at Yerawada jail, following which the court had even summoned S.V. Khatavkar, Superintendent of Police, Yerawada, and Dr Ughade, chief medical officer.
“We have seen the reports submitted by the SP and the CMO. It is clear that the convict was taken to Sassoon Hospital but was not examined, and his condition is worsening,” Justice B.H. Marlapalle observed while granting him bail on a personal bond of Rs 10,000.
The court also suspended his life sentence on humanitarian grounds, though the convict had not sought suspension.“As a matter of clarification, we would say that the order of suspending the sentence is passed considering the extraordinary circumstances,” the bench observed.
Rajesh Bindra, advocate for the convict, had told the court that three HIV-positive convicts had died in Yerawada prison due to the lack of medical facilities there.
The convict in question had been lodged there since April 2007 and had never been out on bail ever since the Sessions Court, Pune, gave him a life sentence in October 2008.
“On his arrest he informed the police about his HIV-positive status and sought medical treatment, but he was not provided with any medication,” said Bindra.