Crl.M.C./75/2024 of KHAMKOR RYMBAI Vs STATE OF MEGHALAYA on 31 July 2024

Serial No.03 Supple List

HIGH COURT OF MEGHALAYAAT SHILLONG

Crl. M. C No.75 of 2024 inCrl. A. No. 19 of 2024

Date of Order: 31.07.2024

____________________________________________________________

Shri. Khamkor Rymbai Vs. State of MeghalayaS/o Sri. Shinming Dkhar,Through the Commissioner &Aged about 48 years,Secretary to the Government ofResident of:Village- NamdongMeghalaya, Department of Home“B”, P.S. Jowai, (Police), Civil Secretariat, Shillong.District- East Jaintia Hills,Meghalaya.Presently serving sentence in JowaiDistrict Jail, Jowai.….Applicant/Appellant. ….Respondent.

Coram:

Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance:

For the Petitioner/Appellant(s) : Dr. P. Agarwal, Adv.

For the Respondent(s): Mrs. T. Yangi B, AAG with Mr. J. N. Rynjah, GA.

ORAL:-

This is an application filed under Section 389 (1) Cr.PC forsuspension of order of sentence dated 18-10-2023 passed by the LearnedSessions Judge/Addl. D.C. (Judicial), East Jaintia Hills District, Khliehriat in Sessions Case No.24 of 2021 whereby the applicant was directed toundergo 7 (seven) years’ rigorous imprisonment consequent to hisconviction under Section 397 IPC.

Dr. P. Agarwal, learned Counsel appearing for the applicant submittedthat the health condition of the applicant is not well and has deteriorated tosuch an extent that his proper care cannot be taken inside the jail. Thelearned Counsel draws attention of this Court to the medical status reportissued by the Medical and Health Officer, District Prison & CorrectionalHome, West Jaintia Hills District, Jowai dated 16-05-2024 whereby it isstated that the right hand of the applicant is amputated and the left hand isparalyzed. The applicant is also unable to eat, drink, taking bath etc. byhimself. The learned Counsel also points out that it has been stronglyrecommended in the report that the applicant should be released from theprison so that he can be taken care of by the family members outside theprison. The learned Counsel submits that considering the medical situationof the applicant, the order of sentence passed against him may be suspendedand he may be released on bail.

Ms. T. Yangi B, learned AAG assisted by Mr. J. N. Rynjah, learnedGA appearing for the State-respondent does not dispute the submissionmade on behalf of the applicant and further submits that it is quite difficultfor the jail authority to take proper care of the applicant. The learned AAGon instruction does not oppose the prayer of suspension of sentence in thematter.

In view of the above, it is deemed appropriate at this stage to suspendthe order of sentence dated 18-10-2023 and direct the release the applicanton bail. Accordingly, the order of sentence dated 18-10-2023 shall remainsuspended till the final outcome of the Crl. A. No.19 of 2024 and the Powered by TCPDF (www.tcpdf.org)

applicant be released on bail on his furnishing a bail bond of Rs.20,000/-(Rupees twenty thousand rupees) with a surety of like amount. Theapplicant shall not leave the State without giving prior information to theconcerned police station.

The L.C. Record called for by this Court in connection with the Crl.A. No.19 of 2024 may be returned back to the Trial Court to facilitate theacceptance the bail bond of the applicant. The L.C. Record be remittedback by the Trial Court to this Court immediately after completion of theformalities of the acceptance of the bail bond.

With the above, this Crl. M.C. No.75 of 2024 stands disposed of.

Judge

Meghalaya31.07.2024“Biswarup PS”