In Crl. A(J) 12/2023 vs The State Of Tripura
2023 Latest Caselaw 880 Tri

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                    HIGH COURT OF TRIPURA
                           AGARTALA
                          I.A. 2/2023
                      In Crl. A(J) 12/2023
Mintur Rahaman @ Mithu                                    ----Applicant(s)
                                     Versus
The State of Tripura                                      ----Respondent(s)

For Applicant (s) : Mr. PK Biswas, Sr. Advocate Mr. H. Nath, Advocate For Respondent(s) : Mr. Ratan Datta, PP

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE ARINDAM LODH Order 16/10/2023

Heard learned senior counsel for the appellant-applicant and learned

Public Prosecutor for the respondent-State on the prayer for suspension of

sentence made in I.A. 2 of 2023.

The applicant has been convicted under Section 302 of the IPC and

sentenced to suffer R.I. for life with a fine of Rs. 10,000/- with default

stipulation, vide impugned judgment and order of conviction dated 16.01.2023

and sentence dated 19.01.2023 passed by the learned Additional Sessions

Judge, Gomati Judicial District, Udaipur, in connection with case No. S.T.

35(T-1) of 2017.

Learned senior counsel for the applicant has submitted that on the

medical grounds, the applicant may be granted provisional bail. The appellant-

applicant had sought for provisional bail for better treatment outside the State

of Tripura. Report was called for on 12.09.2023 from the Superintendent of

AGMC & GBP hospital, Agartala, regarding the medical condition of the

appellant-applicant. Report has been submitted today which is bearing letter no.

F.IX-36/KST/BLG/ 2021/19893 dated 15.10.2023. The Medical Board upon

examination has opined as under:

"As per history given by Md. Mitnur Rahaman his complains are:

a) Inability to use Left Upper Limb for having a Left Clavicular Fracture in 2017.

b) Weakness of Right Lower Limb.

c) Difficulty in walking.

On Clinical Examination and going through the investigations. The Board observes the following:-

a) The Fractured Clavicle is well united and there is no reason of having weakness of Left Upper Limb. The function of Left Upper Limb is normal.

b) MRI LS Spine done on 20/05/2023 suggestive of degenerative disease of spine accord with PIVD of L3/L4, L4/L5, L5/S1 causing Canal Stenosis, which may cause Tingling numbness of Right lower Limb along with weakness & difficulty in walking."

Perusal of the medical report does not give any impression that the

appellant-applicant is suffering illness of such serious nature which requires

indoor treatment outside the State. His fracture clavicle has well united and as

per opinion of Medical Board, there is no reason of having weakness of left

upper limb which is functioning normally. Because of degenerative disease of

spine, as observed in the MRI, the Medical Board has opined that there may be

tingling numbness of right lower limb alongwith weakness and difficulty in

walking.

This condition in our opinion does not recommend any specialized

treatment outside the State as it is a degenerative disease and not a disease.

Therefore, at this stage this court is of the view that no ground of provisional

bail has been made out.

Accordingly, the I.A. application is dismissed.

(ARINDAM LODH),J                        (APARESH KUMAR SINGH), CJ