At, High Court of Meghalaya
By, THE HONOURABLE MR. JUSTICE W. DIENGDOH
For the Appellant: K. Paul, Advocate. For the Respondents: B. Bhattacharjee, AAG, A.H. Kharwanlang, GA.
1. Heard Mr. K. Paul, learned counsel for the petitioner who has submitted that this instant application under Section 439 Cr.P.C is filed on behalf of the accused Shri. Sushen Das who was arrested on 29.02.2020 in connection with Shella P.S. Case No. 9 (2) 2020 under Section 148/326/506/307/302/34 IPC read with Section 3 of PDPP Act and is presently in judicial custody and lodged in Tura District Jail, West Garo Hills.2. The learned counsel for the petitioner has pertinently raised only one main point of submission, i.e. that the accused is suffering from Bronchiectasis and lung collapse particularly left lung, as such, he is entitled to be released on bail, considering his medical condition for which sufficient surety will be produced.3. Also heard Mr. B. Bhattacharjee, learned AAG assisted by Mr. A.H. Kharwanlang, learned GA who has submitted that the materials on record as produced by the petitioner in this instant application would show that there is a discrepancy as far as the name and age of the accused is concerned, particularly the details of the OP Prescription as seen at Annexure 2, page 11 of the application, which is the medical investigation report issued by the Apollo Gleneagles Hospitals, Kolkata showing the patients name as Mr. Sushan R Das, aged 46 years 8 months 24 days and the date of visit being noted as 5th May 2018.4. Another document issued by the Department of Radiology of the said Apollo Hospital showing the report of the CT Scan Chest with Contrast has given the patients details as Mr. Sushan R Das and the age as 45 years. This according to the learned AAG, has cast a doubt on the veracity and authenticity of the petitioners claim as far as the accused is concerned.5. In reply to this, Mr. K. Paul has submitted that this Court may call for the medical report to ascertain the extent of the ailment of the accused, for which the consideration for grant of bail would be material.6. On consideration of the submissions made, without going through the merits of this instant application, I am of the considered opinion that the latest medical condition of the accused is required to be perused by this Court.7. Accordingly, I hereby direct the doctor of the District Jail Tura to examine the accused, and if proper facility is not available at the District Jail to cause the accused to be thoroughly examined at the Civil Hospital and thereafter, to file a report in this regard before this Court on the next date fixed.8. The Superintendent, District Jail Tura is hereby directed to ensure due compliance of this direction.9. As far as the submissions of the parties that the charge sheet has sin
Please Login To View The Full Judgment!
ce been filed against the accused, the I/O is hereby directed to produce the Case Diary on the next date fixed.10. Registry is directed to send a copy of this order to all concerned for due compliance.11. Accordingly, list this matter on 05.06.2020 on receipt of the said medical report and C.D.