Ajay Thapa vs State Of Meghalaya & Anr.

W. Diengdoh, J

Heard Mr. S. Thapa, learned counsel for the petitioner who has submitted that the accused, Bijay Thapa represented by the petitioner herein is still undergoing treatment at Civil Hospital, Shillong. However, the medical history would show that the accused has been referred for hospitalization very often inasmuch as he is off and on being treated at the said hospital. This being the case, it is the desire of the family members of the accused that he may be allowed to be given treatment at any private facility. In view of the same, the learned counsel has submitted that even if the accused person is not enlarged on bail at this juncture, however, on grounds of medical exigency, interim bail may be allowed for the said accused to receive proper treatment.

Mr. N. Syngkon, learned GA has produced the latest medical report of the said accused person and on perusal of the same, it is confirmed that the accused person was admitted in Civil Hospital, Shillong on 13.08.2023 and subsequently discharged on 23.08.2023. However, on 01.09.2023 he again complaint of cough and mild chest pain which on being examined, the concerned Medical Officer has referred him to Civil Hospital, Shillong for further evaluation and management.

On consideration of the submission made, without going into the merits of this petition in its entirety, the Court at this point of time would allow the prayer made by the petitioner.

Accordingly, the accused person above named is hereby directed to be enlarged on bail for an interim period of one month to allow the family members to get him medically treated at any private facility of their choice within the State of Meghalaya.

In view thereof, the accused person is hereby directed to be released on interim bail as aforementioned on the following conditions:-

i) That he shall not abscond or tamper with the evidence or witnesses;

ii) That, as mentioned above, he shall not leave the jurisdiction of the State;

iii) That the I/O is to be informed of the steps taken for his medical treatment with correct and proper details of the same, including the contact details of the petitioner and the mother of the accused person.

At the end of one month’s period from today, the accused is to report before the jail authorities.

Petition disposed of.