Gauhati High Court
Pradip Jha vs The State Of Assam And Anr on 23 November, 2021
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GAHC010013272021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/63/2021
PRADIP JHA
S/O- LATE RAMJI JHA, R/O- VILL.- MAZBAT TOWN, P.S. MAZBAT, PIN-
784507, DIST.- UDALGURI (BTAD), ASSAM AND ALTERNATE ADDRESS-
M/S. MAA TEA GARDEN NO. 1 GAROGAON, MAZBAT, DIST.- UDALGURI,
BTAD, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE LEARNED PUBLIC PROSECUTOR, ASSAM.
2:MANTU KUMAR DEKA
S/O- LATE BENUDHAR DEKA
SUB INSPECTOR OF POLICE MAZBAT PS
MAZBAT
DIST.- UDALGURI (BTAD)
ASSA
Advocate for the Petitioner : MR. A BHATTACHARYA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 23-11-2021
Suman Shyam, J
Heard Mr. A. Bhattacharya, learned counsel for the applicant. We have also heard
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Ms. S. Jahan, learned Addl. P.P. Assam appearing on behalf of the respondent No. 1.
The applicant herein was convicted under Sections 20 (b)(ii)(C) of the NDPS Act,
1985 by the judgment and order dated 26-11-2020 passed by the learned Special Judge,
Udalguri in Special (NDPS) Case No. 20/2015 and sentenced to undergo rigorous
imprisonment for 15 years and also to pay fine with default stipulation.
By filing the instant application, a prayer has been made to release the applicant on
bail on medical ground as he is required to undergo treatment for a number of diseases
including Coronary Artery Disease (CAD).
Taking note of the prayer made by the applicant, this Court had passed order dated
06-10-2021 asking the learned Addl. P.P. Assam to call for a medical report as to the
current health status of the applicant.
Accordingly, a medical report furnished by the Sr. Medical & Health Officer, Udalguri
Civil Hospital, Udalguri (BTAD), Assam dated 22-11-2021 has been produced before us. A
perusal of the report dated 22-11-2021 goes to show that the applicant is suffering from
multiple diseases including DM2, HT, Neuropathy, Diabetic Retinopathy and CAD.
From the projection made in the report dated 22-11-2021, it is evident that the
applicant is in need of proper treatment not only in the Gauhati Medical College &
Hospital (GMCH) but also in some private hospitals so as to deal with his eye problems.
We also find from the record that taking note of his precarious health condition, by
the order dated 10-06-2021 passed in this I.A., the applicant was earlier allowed to go on
interim bail for a period of 03 months on medical ground. Upon completion of the period
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of 03 months, the applicant had surrendered before the jail authority and he is presently
in the Udalguri District Jail.
Having regard to the overall facts and circumstances of the case, we are of the
view that the present is a fit case, where the applicant deserves to be granted interim bail
purely on medical ground so as to avail proper medical treatment.
We, accordingly, order that the applicant, viz. Mr. Pradip Jha be allowed to go on
interim bail for a period of 03 months w.e.f. his date of release, upon furnishing a
personal bond and two sureties to the satisfaction of the learned Special Judge, NDPS,
Udalguri.
We make it clear that the interim bail is being granted to the applicant purely on
medical ground and immediately on completion of the period of 03 months, he would
surrender before the Special Judge, NDPS, Udalguri and abide by further order(s) passed
by the learned Special Judge.
A copy of the medical report dated 22-11-2021 be retained in the record of this
case.
JUDGE JUDGE
GS
Comparing Assistant
