Ngulkholien Khongsai vs State Of Meghalaya & Anr.

W. Diengdoh, J

Heard Mr. M.F. Qureshi, learned counsel for the petitioner. Also heard Mr. N.D. Chullai, learned AAG.

This Court vide its order dated 20.12.2023 has directed that the accused person Smti. Kimneikhol Khongsai to be produced before the concerned department at North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences for medical check-up and thereafter, for a report or opinion of the relevant doctor to be produced before this court. In compliance with the said order, the said person had visited NEIGRIHMS and a medical report has been submitted before this Court.

The learned AAG has submitted that on perusal of the said medical report indicating that opinion of the doctor who has treated the patient/accused, more particularly with regard to the implant on her left arm, what has been opined is that the implant is in good position. However, it is also the opinion of the doctor that the primary surgeon meaning the surgeon who had carried out the operation when the implant was inserted on the patient/accused would be more aware as to the nature or the manner of the procedure adopted when such implant was inserted.

The learned counsel for the petitioner in his submission has relied upon the said opinion of the said doctor of NEIGRIHMS to say that it would be fit and proper for the operation, that is, for removal of the implant to be done at the place where the same was inserted that is, at Valley Hospital, Silchar, Assam.

This Court has considered the statement made and has also perused the said medical report. To the limited extent indicated herein, this Court hereby directs that the accused person above named be released on interim bail to allow her to get the said implant removed at the place of her choice that is, Valley Hospital, Silchar, Assam. However, the whole procedure should not take more than 30 days from the date of this order for which she is to report before the prison authorities at the District Prison and Correctional Home, Jowai on 01.02.2024 along with the relevant medical report.

The interim bail is hereby granted on the following conditions:

i. That she shall not abscond or tamper with the evidence or witnesses;

ii. That she shall bind herself on a personal bond of ₹ 50,000/-(rupees fifty thousand) only with one surety of like amount to the satisfaction of the trial court;

iii. Violation of any of the conditions stated above would render the bail accordingly to be cancelled on application made.

Let the said compliance and medical report be placed before this Court within the next date fixed.

List this matter on 05.02.2024.