Allowed

Bhawani Singh v. State

Rajasthan HC10 Dec 2019SOSA/1226/2019

Case brief

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What is this about?

The High Court of Rajasthan allowed an interim suspension of sentence application for applicant Bhawani Singh, who is HIV/AIDS positive, permitting his temporary release for treatment at a hospital in Gujarat for one month under police supervision and bond conditions.

What did the court decide?

Sentence of applicant Bhawani Singh suspended for one month; permitted release for treatment at Shalby Hospital, Ahmedabad, under police custody movement and bond conditions.

Bhawani Singh Vs State — Bail and Remand | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Appeal No. 282/2019

Rooparam

----Appellant

Versus

State

----Respondent

Connected With

D.B. Criminal Appeal (db) No. 278/2019

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D.B. Criminal Misc Suspension Of Sentence Application (appeal) No. 1226/2019

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For Appellant(s) : Mr. Vinod Sharma For Respondent(s) : Mr. R.R. Chapparwal, Public Prosecutor

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HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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10/12/2019

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D.B. Crl. Misc. Interim Bail Application No.1226/2019 :

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Applicant Bhawani Singh has preferred aforementioned

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interim/temporary bail in D.B. Criminal Appeal No.269/2019 for his release on interim bail for a period of one month on medical ground.

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Counsel for the applicant submits that the applicant is HIV positive person and since 2008 is suffering from AIDS and is continuously undergoing treatment at Mahatma Gandhi Hospital, Jodhpur.

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The medical report submitted by learned Public Prosecutor substantiates medical condition of the applicant.

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[CRLAD-282/2019]

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(2 of 3)

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This Court takes note of the fact that earlier the applicant was granted emergent parole for seven days and he surrendered himself before the Jail Authorities without any default on 18.10.2019. Report indicating the same submitted by Superintendent, Central Jail, Jodhpur is taken on record.

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Counsel for the applicant submits that medical condition of applicant is deteriorating day by day, thus, in order to save his life the applicant is seeking custodial treatment at Shalby Hospital, Naroda, Ahmedabad (Gujarat). 6. In view of the aforesaid, we deem it just and proper to suspend the sentence of the applicant temporarily for a period of one month from the date of his actual release. The applicant is permitted to take treatment at Shalby Hospital, Near Haridarshan Cross-Road, Naroda, Ahmedabad-382 330 (Gujarat). The applicant Bhawani Singh shall be taken by Rajasthan Police in custody and handed-over to local Police of Gujarat at Police Station Nikol, Ahmedabad, who shall get him admitted at Shalby Hospital, Naroda under their custody. During the period the applicant undertakes treatment at Shalby Hospital, Naroda, Ahmedabad (Gujarat), the local Gujarat Police of Nikol Police Station, Ahmedabad shall supervise custodial movements of applicant while he undertakes treatment.

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As soon as the treatment is over or the period of one month comes to an end (whichever is earlier), the local Police of Gujarat at Nikol, Ahmedabad shall hand-over custody of applicant Bhawani Singh to Rajasthan Police for re-lodging him at Central Jail, Jodhpur.

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(3 of 3)

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[CRLAD-282/2019]

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Accordingly, the application for temporary suspension of sentence is allowed and it is ordered that the sentence of applicant(s) Bhawani Singh S/o. Mod Singh shall remain suspended for a period of one month from the date of his custodial release on usual conditions provided he executes a personal bond of Rs.20,000/- alongwith two sureties in the sum of Rs.10,000/- each to the satisfaction of the Superintendent, Central Jail, Jodhpur. The applicant shall surrender himself before the Superintendent, Central Jail, Jodhpur on the morning of next day of completion of one month from the date of his actual release. The said conditions be incorporated in the bonds also. During such release period, the custodial arrangement shall be as directed.

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(DR. PUSHPENDRA SINGH BHATI),J

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(INDRAJIT MAHANTY),CJ

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37-Sanjay/-

Bhawani Singh v. State

Case brief

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What did the court decide?

Bhawani Singh v. State

Case brief

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