Gauhati High Court
L. Sana Meitei vs State Of Assam on 18 July, 2023
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GAHC010117902023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/464/2023
L. SANA MEITEI
S/O LATE MANA MEITEI,
KHONGHAMPAT AWANG VEIKAI, KHONGHAMPAT, MANTRIPUKHURI,
IMPHAL (WEST), LAMSHANG, MANIPUR, PIN- 795002
VERSUS
STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR D K BHATTACHARYYA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 18-07-2023
(M. Zothankhuma, J)
Mr. DK Bhattacharyya, learned counsel for the applicant submits that he has
been engaged only to take up this interlocutory application, i.e., I.A.(Crl.)
464/2023. He submits that Mrs. Dipanjali Borpujari is the Legal Aid Counsel,
who will be taking up the case of the applicant/appellant at the time of hearing
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of the main appeal, i.e., Crl.A.(J) 34/2023. He also submits that paper book has
been received by Mrs. Dipanjali Borpujari.
2. Ms. J Paul, learned counsel for the appellant in the analogous appeal,
i.e., Crl.A. 10/2023 submits that she will be taking a copy of the paper book
from the Registry during the course of the day.
3. Ms. S Jahan, learned Additional Public Prosecutor submits that she has
received a copy of the paper book.
4. This application relates to the impugned judgment dated 26.05.2022 and
sentence order dated 30.05.2022, passed by the court of the learned Sessions
Judge-cum-Special Judge, Morigaon in NDPS Case No. 03/2020, by which the
appellants in both the above appeals have been convicted under Section 22(C)
read with Section 29 of the NDPS Act. They have been sentenced to undergo
rigorous imprisonment for 14 (fourteen) years with a fine of Rs. 1,00,000/-
each, in default to undergo simple imprisonment for 3 (three) years.
5. This application made under Section 389 Cr.PC is for suspending the
sentence and releasing the applicant herein on bail, on the ground that he is
HIV positive. He has relied upon the Advisory on the policy for the treatment of
terminally ill prisoners/inmates issued by the Government of India dated
13.08.2010 and the order dated 11.04.2022, passed by the Supreme Court of
India in Special Leave to Appeal (Crl.) No. 2225/2022, Bhawani Singh -vs- State
of Rajasthan for releasing him on bail.
6. Ms. S Jahan, learned Additional Public Prosecutor, on the other hand
submits that as paper book is ready, the matter can be heard expeditiously and
the bail application can be rejected at this stage. She further submits that in
terms of the Medical Report dated 17.07.2023 issued by the Medical & Health
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Officer, District Jail, Morigaon, the applicant is suffering from HIV/HIV infection,
piles, skin disease with allergy. Accordingly, he is given medicine but he has not
completely recovered. She also submits that though there is no separate room
for HIV patients in the jail, a separate room is under construction for HIV
patients and 80% of the work has been completed, as on date.
7. We have heard the learned counsels for the parties.
8. The order passed by the Supreme Court of India in Bhawani Singh
(supra) is with regard to an HIV prisoner wherein it has been held that an HIV
prisoner is entitled to be given the benefit under Section 34(2) of the Human
Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention
and Control) Act, 2017, for expeditious disposal of his appeal. The Supreme
Court also had accordingly directed the High Court to take appropriate steps to
dispose of the appeal and in the meantime granted bail to the petitioner therein.
9. Keeping the above facts in mind, we are of the view that instead of
deciding the bail application, an expeditious hearing of the appeal should be
made. On the prayer of the counsels for the applicant/appellants, list the Crl.A.
(J) 34/2023 and Crl.A.10/2023 for final hearing on 03.08.2023. It may be
clarified here that though this Court has informed the counsels that we are
ready to hear the matters today or tomorrow itself, the counsels for the
applicant/appellants have prayed for a date not earlier than 03.08.2023.
Accordingly, in that view of the matter, the above mentioned appeals be listed
for final hearing on 3rd August, 2023. We do not find a case for suspending the
sentence. We are of the view that bail should not be granted to the applicant
herein, as the appeals are going to be heard expeditiously on the date fixed by
the counsels for the applicant/appellants.
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10. The interlocutory application is accordingly dismissed.
JUDGE JUDGE
Comparing Assistant
