Tripura High Court
Mr. Debajit Biswas vs Mr. S.Debnath on 1 November, 2021
HIGH COURT OF TRIPURA
AGARTALA
IA No.5 of 2021
in Crl. App(J) 1of 2021
BEFORE
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
For Petitioner(s) : Mr. Debajit Biswas, Adv.
For Respondent(s) : Mr. S.Debnath, Addl.PP.
ORDER
01.11.2021
Rule.
Mr.S.Debnath, learned Addl. PP has waved rule on
behalf of the state respondent.
This interlocutory application has been filed for
extending the period of temporary bail granted to the petitioner by
this court by order dated 04.08.2021 in IA No.2 of 2021 arising out
of Crl.App(J)No.1 of 2021.
Heard Mr.Debajit Biswas, learned counsel appearing for
the petitioner.
Heard Mr.S.Debnath, learned Addl.PP for the State
respondent.
Petitioner was convicted and sentenced to RI for life for
having committed offence punishable under Section 302 IPC by the
Addl. Sessions Judge, Court No.2, Agartala in case no.ST(T-1) 38 of
2018 by order dated 22.01.2021. Challenging the said judgment and
order of conviction and sentence, petitioner filed Criminal Appeal
(J)No.1 of 2021. Along with her appeal, she also filed Interlocutory
Application for granting bail during the pendency of the appeal.
As discussed, by order dated 04.08.2021 in IA 2 of
2021, she was granted temporary bail for a period of one month. The
order reads as under:
"04.08.2021............
This application is filed by the original accused who is
convicted for offence punishable under Section 302 of IPC. She
has prayed for suspension of sentence and her release on bail
pending appeal. Previously, for the same purpose, on behalf of
the same applicant IA No.1/2021 was filed but not pressed. The
present application is premised mainly on the ground that the
applicant is suffering from serious illness. Learned senior
counsel for the applicant submitted that she has been paralysed
from waist downwards. However, there is no medical evidence
in support of this contention. Nevertheless, looking to the
documents produced by the applicant showing her illness
though not as serious as is sought to be projected, let her be on
temporary bail for a period of one month.
Under the circumstances, the applicant shall be released on
temporary bail upon furnishing personal bond of Rs.10,000/-
with one surety of like amount for a period of 30 days from the
date of release. Upon completion of the period of temporary
bail she will surrender before the jail authorities."
The temporary bail so granted to the petitioner was
extended from time to time on the ground of her illness. The last
order was passed on 08.10.2021 by a Division Bench of this High
Court in IA 4 of 2021 which reads as under:
"08.10.2021.....
Rule. Learned Additional Public Prosecutor Mr.
Samarat Ghosh waived rule on behalf of respondent-State.
The applicant was granted temporary bail which
expired on 30th September 2021. This application is filed
for extension of temporary bail on the ground that she is
admitted in Indira Gandhi Memorial Hospital, Agartala, for
chest pain and heart related illness.
Considering the submissions made, the temporary
bail is extended up to 31st October 2021 with ex post facto
effect.
Interlocutory application is disposed of accordingly."
Mr.Debajit Biswas, learned counsel of the petitioner
submits that petitioner is still in hospital in critical condition.
Counsel contends that petitioner is not in a position to return to the
jail to undergo the sentence of imprisonment. Relying on the medical
documents submitted on behalf of the petitioner, counsel submits
that her temporary bail may be extended for another 2 weeks.
Having perused the medical documents adduced on
behalf of the accused petitioner, temporary bail granted to the
petitioner is further extended for a period of 2 weeks till 15.11.2021.
Upon completion of said period of temporary bail, the
petitioner will surrender at the trial court to undergo the sentence.
In terms of the above, the IA is disposed of.
JUDGE
Saikat Sarma, PS-II
