Meghalaya High Court
BA/64/2023 of PRANAB BORAH Vs STATE OF MEGHALAYA on 15 December 2023
No. 01 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG BA No. 64 of 2023 Date of Decision: 15.12.2023 Shri. Pranab Borah Vs. State of Meghalaya Coram: Hon’ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioner/Appellant(s) : Mr. K. Paul, Sr. Adv. with Mr. S. Chanda, Adv.
Serial No. 01 Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
BA No. 64 of 2023
Date of Decision: 15.12.2023Shri. Pranab Borah Vs. State of Meghalaya Coram: Hon’ble Mr. Justice W. Diengdoh, JudgeAppearance: For the Petitioner/Appellant(s) : Mr. K. Paul, Sr. Adv. with Mr. S. Chanda, Adv. For the Respondent(s) : Mr. N.D. Chullai, AAG with Mr. J.N. Rynjah, GA Mr. H. Kharmih, Addl. Sr. GA i) Whether approved for reporting in Yes/No Law journals etc.: ii) Whether approved for publication in press: Yes/No ORDER (ORAL)
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1. Heard Mr. K. Paul, learned Sr. counsel appearing for the petitioner.
2. A short prayer in this petition is for the petitioner/convict who is presently undergoing treatment at NEIGRIHMS for various complications as indicated in the discharge summary annexed at page- 30/Annexure-2 of this petition.
3. It is the prayer of the petitioner that his family members desires that he be treated elsewhere preferably outside the State of Meghalaya and for such treatment an interim bail is prayed for to facilitate such treatment.
4. Mr. N.D. Chullai, learned AAG for the State respondent has submitted that adequate treatment is available at NEIGRIHMS for which it may not be necessary for the convict to be treated elsewhere and accordingly necessary orders may be passed by this Court in this regard, it is further submitted.
5. This Court has given due consideration to the submission made. Admittedly the petitioner/convict/patient is suffering from various ailments which appears to be serious in nature and as far as medical treatment is concerned, the preference of the patient or of the relatives would be respected to the extent possible.
6. Accordingly, the limited prayer of the petitioner/convict is allowed. Interim bail is hereby accordingly granted to allow him to proceed for treatment elsewhere within the country.
7. He shall further be bound by the following conditions:
i.That he shall not abscond during the period he is released on bail; on bail;
ii.That he shall furnish a personal bond of ₹ 30,000/- (Rupees thirty thousand) only with two solvent sureties of like amount to the satisfaction of the concerned court. (Rupees thirty thousand) only with two solvent sureties of like amount to the satisfaction of the concerned court.
8. It is made clear that he is to report to the District Prisons and Correctional Home, Meghalaya, Shillong on the 45[th] day from the date of this order.
9. In the meantime, to the extent indicated, that is, for a period of 45 days from the date of this order the sentence shall remain suspended.
10. Let copy of this order be issued upon the Superintendent, District Prisons and Correctional Home, Meghalaya, Shillong for compliance.
11. Petition disposed of. No costs.
Meghalaya 15.12.2023 “Tiprilynti–PS”
Judge