IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6867/2010 Buxa Singh Vs. State of Rajasthan Date of order : 26/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Anil Upman for accused petitioner Mr. G.S.Rathore,Public Prosecutor for the State ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the accused petitioner is that the petitioner is accused of committing offence under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, for carrying poppy straw at the instance of owner of the truck of which he was a driver. Learned counsel seeks indulgence of the Court on special consideration of serious ailment of the petitioner. According to him, petitioner is suffering from serious disease of HIV, apart from being a patient of tuberculosis. He is presently hospitalized and is on death bed and can breath his last at any time. On the other hand, learned Public Prosecutor has opposed the bail applications. On earlier date, learned Public Prosecutor was required to call for the report about the state of health of the petitioner and the treatment provided to him. He has been informed vide letter dated 15.7.2010 of the Superintendent, Central Jail, Jaipur that petitioner is in fact a HIV patent and also suffering from tuberculosis. Considering the rival submissions and without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, specially the seriousness of disease and health condition of the petitioner, I deem it just and appropriate to enlarge the petitioner on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Buxa Singh S/O Shri Kartar Singh shall be released on bail in F.I.R. No. 63/2009 of P.S. Chandbaji, district Jaipur on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. Thanvi