Smt. Rabiya Khatun vs The State Of Tripura
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Tripura High Court

Smt. Rabiya Khatun vs The State Of Tripura on 10 February, 2026

                         HIGH COURT OF TRIPURA
                             AGARTALA

                             B.A. No.25 of 2026


Smt. Rabiya Khatun
for on and behalf of Mangal Miah
                                                              ..... Applicant(s)
                                    -Versus-
The State of Tripura
                                                         ........Respondent(s)

For the Applicant (s)           :     Mr. Debalay Bhattacharya, Sr. Adv.
                                      Mr. Mijanur Rahman, Adv.
                                      Mr. Samar Das, Adv.
                                      Mr. Agniva Chakraborty, Adv.
                                      Mr. S. Majumder, Adv
For the Respondent(s)           :     Mr. R. Datta, P.P

               HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
                                      ORDER

10.02.2026

Heard learned counsel of both sides.

Mr. D. Bhattacharya, learned senior counsel appearing for the applicant submits that the accused Mangal Miah is suffering from blockage of Coronary Artery Triple Vessel Disease [CATVD, in short]. According to him, the said medical treatment signifies artery blockage in the heart and therefore, the State Medical Board has referred the patient to CMC, Vellore. Mr. Bhattacharya, learned senior counsel also submits that the accused Mangal Miah is required now to undergo bypass surgery. Learned senior counsel, in his submission seeking consideration of the release of the accused Mangal Miah on an interim bail, relies on a decision of Delhi High Court in Athar Pervez vs. State, 2016 SCC OnLine Del 6662 and the decision of Hon'ble Supreme Court in Arvind Kejriwal vs. Directorate of Enforcement, (2024) 9 SCC 577 wherein reference of said decision of Delhi High Court in said Athar (supra) was made.

To support his submission, learned senior counsel also submits that in exceptional circumstances, the limited indulgence can be granted to the accused by allowing him to remain in interim bail for a short period.

Mr. R. Datta, learned P.P. appearing for the State submits that he is required to take instruction from the jail authority about the health condition of the accused Mangal Debbarma and whether the accused Mangal Miah is required to undergo any bypass surgery in any institution outside the State and whether the jail authority has the scope to make necessary arrangement for treatment of the accused outside the State as suggested by the health department.

Considered the submissions.

A short adjournment is given to the prosecution to furnish all the replies through an affidavit or otherwise.

List this matter on 18.02.2026.

                                                                                    JUDGE




SUJAY GHOSH      Digitally signed by SUJAY GHOSH
                 Date: 2026.02.10 18:28:01 +05'30'

         Sujay