AI Structured Summary
Not yet generated for this judgment
Judgment
S.G. Chattopadhyay, J
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.