Gauhati High Court
Pradip Jha vs The State Of Assam And Anr on 28 February, 2022
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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)
ASSAM
Advocate for the Petitioner : MR. A BHATTACHARYA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
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28.02.2022
(Suman Shyam, J)
Heard Mr. A. Bhattacharya, learned counsel appearing for the
applicant. Also heard Ms. B. Bhuyan, learned Addl. P.P., Assam, appearing on
behalf of the State/respondent No.1.
The applicant was convicted under Section 20(b)(ii)(C) of the N.D.P.S.
Act, 1985 by the judgment and order dated 26.11.2020 passed by the learned
Special Judge, Udalguri in connection with Special (NDPS) Case No.20/2015
and sentenced to undergo rigorous imprisonment for 15 years and also to pay
fine. While serving the jail sentence and during pendency of the connected
appeal, the applicant had approached this Court by filing the above noted
application seeking his release on bail on medical ground as he was required to
undergo treatment for a number of diseases including Coronary Artery Disease
(CAD).
Taking note of the medical conditions of the applicant, as projected by the
learned counsel, this Court had passed order dated 23.11.2021 permitting the
applicant to go on interim bail for a period of three months with effect from the
date of his release, purely on medical ground. Accordingly, the applicant was
released on bail. The period mentioned in the order dated 23.11.2021 came to
an end on 25.02.2022. However, before the expiry of the said period, the
applicant has filed an additional affidavit dated 19.02.2022 in this I.A. seeking
extension of the interim bail on the ground that some more investigation
pertaining to some critical diseases suffered by the applicant is required to be
done.
By referring to the medical documents available on record, Mr. Bhattacharya
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has submitted that the applicant has been advised to undergo Coronary
Angiography and also test for diabetic retinopathy as otherwise his condition
will deteriorate even further.
Before passing an order in this case, we had requested Ms. B. Bhuyan to seek
instruction from the jail authorities on the prayer made by the applicant.
Today when the matter was called up, Ms. Bhuyan has submitted that as per
verbal instructions received from the Superintendent of Udalguri Jail, there is no
facility for carrying out coronary angiography or retinopathic test at Udalguri.
However, there is no dispute as regards the medical condition of the applicant.
If that be so, we are of the view that the prayer made by the applicant seeking
extension of the bail deserves to be considered by this Court.
We accordingly, order that the interim bail granted to the applicant vide order
dated 23.11.2021 passed in I.A.(Crl.) No.63/2021 arising out of Crl. Appeal
No.28/2021 shall stand extended for a further period of six weeks with effect
from 25.02.2022.
This I.A. stands disposed of accordingly.
JUDGE JUDGE
Comparing Assistant
