Pradip Jha vs The State Of Assam And Anr
2022 Latest Caselaw 1263 Gua

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GAHC010068102022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : I.A.(Crl.)/146/2022

            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



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:MANTU KUMAR DEKA
             S/O- LATE BENUDHAR DEKA
             SUB-INSPECTOR OF POLICE MAZBAT
             P.S. 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 MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 07-04-2022 Suman Shyam, J Page No.# 2/3

Heard Mr. A. Bhattacharya, learned counsel for the applicant Pradip Jha. We have

also heard Ms. B. Bhuyan, learned Addl. P.P. Assam appearing for the State/ respondent

No. 1.

The applicant was convicted under Section 20(b)(ii)(C) of the NDPS Act, 1985 and

sentenced to undergo rigorous imprisonment for 15 years and also to pay fine by the

judgment dated 26-11-2020 passed by the Special Judge, Udalguri in connection with

Special (NDPS) Case No. 20/2015. Aggrieved by the impugned judgment the applicant

has preferred Crl. Appeal No. 28/2021 which is pending disposal before this Court. During

the pendency of the aforesaid appeal, the appellant/ applicant had approached this Court

seeking his release on bail by citing numerous health grounds which required immediate

medical treatment. The prayer of the applicant was allowed after considering the

response of the jail authorities. Accordingly, the applicant was allowed to go on bail on

medical ground from time to time. The last order granting bail to the applicant on medical

ground was passed by this Court on 28-02-2022, which is for a period of 06 weeks.

Mr. Bhattacharya submits that the period of bail, as indicated in the order dated 28-

02-2022 passed by this Court in I.A. (Crl.) No. 63/2021, would come to an end on 08-04-

2022. However, the applicant has recently undergone coronary angioplasty, which has

revealed that he has multiple blocks in the arteries of his heart which requires

Percutaneous Transluminal Coronary Angioplasty (PTCA) treatment. The aforesaid process

would require a surgery by applying anesthesia and complete recovery would take atleast

06 months. On such ground, Mr. Bhattacharya has prayed for allowing the applicant to

remain on previous bail for a further period of 06 months w.e.f. 08-04-2022.

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Responding to the above, the learned Addl. P.P. Assam has prayed for some time to

obtain instruction and file objection, if any.

In view of the above, 03 weeks time is granted to the learned Addl. P.P. Assam to

obtain instruction and file objection.

Let this matter be listed again on 23-05-2022 as a fixed item.

In the meantime, considering the nature of medical emergency projected by the

applicant's counsel and taking note of the materials available on record, we are inclined to

allow the applicant to remain on previous bail till the next date, i.e. till 23-05-2022, on the

same terms and conditions, as indicated in the order dated 28-02-2022 passed by this

Court.

Let this matter be listed accordingly.

                             JUDGE                      JUDGE
GS




Comparing Assistant