MEHTAB ALAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This case was put up for pronouncement of orders today.

(2.) 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 389 Cr.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.

(3.) 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.