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Judgment
W. Diengdoh, J
This is a case where the petitioner represented by Mr. A.S. Siddiqui, learned Sr. counsel has approached this Court with a prayer for modification of one of the conditions set out in the bail order dated 30.07.2021, whereby the learned Sessions Judge, Shillong had granted pre-arrest bail to the petitioner in connection with Laban P.S. Case No. 52 (07) of 2021 under Section 323 read with Section 3/4 of the POCSO Act.
The prayer made by the petitioner herein is that she is required to go for medical check-up and treatment at Guwahati outside the State of Meghalaya and the condition No. 3 prevents the petitioner from leaving the jurisdiction of the Court concerned. Hence, the prayer for modification of the same.
Mr. R. Gurung, learned GA appearing on behalf of the State respondent has objected to the prayer made by the learned Sr. counsel for the petitioner on the ground that the papers annexed with the petition as far as the reason for treatment of the petitioner is concerned reveals that the ailments or complaint could easily be treated at Shillong and there is no requirement for the petitioner to go to Guwahati for the same.
This Court on consideration of the submission made is of the considered opinion that it is well settled in criminal jurisprudence that an accused is presumed innocent unless proven guilty. If such is the case, the personal liberty of the accused cannot be curtailed unreasonably. The freedom of passage and mobility of the accused/petitioner has to be liberally allowed, if the same are not subject to certain special restrictions.
At this juncture, the objection of the learned GA does not seem reasonable, inasmuch as, nobody can control or compel the preference and will of a person seeking medical treatment at any place of his or her own choice.
In view of the observation made above, this Court hereby allows this petition. The said condition No. iii is hereby modified to the extent that the petitioner/accused is allowed to leave the station and proceed to Guwahati for the said medical treatment. However, it would be incumbent upon the petitioner to inform the Court concerned as and when any need arise of such visit to Guwahati.
In view of the above, this petition is accordingly disposed of. No costs.