Calcutta High Court (Appellete Side)
CRA/170/2017 on 18 May, 2023
18.05.2023
Sl. No.57
akd
[INTERIM BAIL]
C. R. A. 170 of 2017
In Re: Mithun Majumdar
... ... Appellant
Mr. Amit Roy
Mr. Bappaditya Roy
... ... for the appellant
Mr. Parthapratim Das
Mrs. Manasi Roy
... ... for the State
Heard the learned Advocates appearing for both the parties at
length.
It is submitted on behalf of the appellant that he was a bright
student. He was a keen sportsman and a good painter. He developed
drug addiction. Under influence of drugs, he committed the crime.
In the light of the aforesaid submission, we called for a report
from the jail authorities.
Medical report from the jail authorities dated 16.05.2023
shows the appellant is clinically fit, mentally oriented and stable and
undergoing treatment at Calcutta Pavlov hospital. However,
accompanying documents enclosed with the report does not include
treatment sheet of Calcutta Pavlov hospital.
On the contrary, the psychological assessment of the
appellant in January, 2023 notes as follows :-
"1) Hallucination (Aud and visual), 2) Delusion, 3)
Impaired Judgment, Orientation, Insight and thought
content, 4) over talkative, 5) Highly aggressive."
Hence, we are unable to rely on the medical opinion of the jail
authorities that the appellant is clinically fit and oriented.
We are persuaded to make such observation as no medical
treatment sheet of Calcutta Pavlov hospital certifying fitness of the
appellant has been placed on record.
At this stage, learned Advocate for the appellant submits on
instruction from his father viz. Amar Kumar Majumdar (PW1) that the
appellant may be released on bail as he intends to make better
arrangement for the treatment of his son i.e. the appellant herein.
Without going into the culpability of the appellant, in view of
the state of mental health and lack of adequate medical facilities in the
correctional home, we are inclined to accept the prayer of the appellant
and his father that the appellant may be enlarged on interim bail so that
his father may take of his health and well being and arrange for his
medical treatment.
Accordingly, the appellant, namely Mithun Majumdar, be
released on interim bail upon furnishing a personal bond of
Rs.50,000/- (Rupees Fifty thousand only), with two registered sureties
of Rs.25,000/- each and an additional surety of Rs.50,000/- by his father
viz. Amar Kumar Majumdar (PW1) to the satisfaction of the trial court.
PW1 shall take the appellant in his care and custody and arrange for his
medical treatment including deaddiction and rehabilitation measures.
Appellant, while on bail and if not in institutional treatment, shall report
to the learned Chief Judicial Magistrate, North 24-Parganas once in a
month until further orders.
In the event the appellant is undergoing institutional treatment,
necessary papers shall be submitted by PW1 before the said Magistrate
on a monthly basis.
The interim bail shall continue till 30.09.2023 or until further
orders, whichever is earlier.
Let the appeal appear for further hearing on 04.09.2023.
Appellant shall submit necessary documents relating to his
health condition on the adjourned day.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
