Calcutta High Court Grants Bail to HIV-Positive Prisoner After 15 Years: Appeal Pending Against Murder Conviction

The Calcutta High Court has granted conditional bail to a man serving life imprisonment for murder who has been incarcerated for nearly 15 years while suffering from HIV. With good conduct reports and a pending appeal scheduled for next March, the court has suspended his sentence and imposed reporting requirements while acknowledging the remote possibility of an immediate appeal hearing.

Calcutta High Court Gives Conditional Bail To Convict Suffering From HIV

Kolkata:

The Calcutta High Court has granted conditional bail to a man convicted to life imprisonment after considering he has spent nearly 15 years in prison and is currently suffering from HIV, while his appeal against the conviction remains pending.

Noting that the "possibility of hearing the appeal in the immediate future is remote," a division bench led by Justice Rajasekhar Mantha suspended the convict's sentence until the appeal is resolved.

The bench, which included Justice Rai Chattopadhyay, ordered the man's release on bail after he provides a bond of Rs 10,000 with two sureties of equal amount, with at least one being local.

According to documentation from the superintendent of Jalpaiguri correctional facility where the appellant is currently housed, he has already served 14 years, 11 months and 24 days in custody.

In Thursday's order, the bench acknowledged the appellant's good behavior during his incarceration, noting that nothing unfavorable has been found against him.

The court also recognized that fellow inmates have described the appellant as supportive and have registered no complaints against him.

The bench stipulated that the convict must not leave the jurisdiction of Jaigaon police station in Jalpaiguri district without prior authorization from the officer-in-charge and must report to the officer monthly until further orders are issued.

The public prosecutor informed the court about the case details: the appellant had rented accommodation and departed the following day, after which his female partner's body was discovered inside.

The man was found guilty and sentenced to life imprisonment by the Jalpaiguri sessions court for the woman's murder. The high court has scheduled his appeal hearing for next March.

Source: https://www.ndtv.com/india-news/calcutta-high-court-gives-conditional-bail-to-convict-suffering-from-hiv-9593422