Meghalaya High Court
BA/41/2023 of ISALAUDDIN AHMED Vs STATE OF MEGHALAYA on 11 September 2023
No. 04 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG BA. No. 41 of 2023 Date of Decision: 11.09.2023 Shri. Isalauddin Ahmed Vs. State of Meghalaya & Anr. Coram: Hon’ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioner/Appellant(s) : Mr. K.Ch. Gautam, Adv. For the
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Serial No. 04 Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
BA. No. 41 of 2023
Date of Decision: 11.09.2023Shri. Isalauddin Ahmed Vs. State of Meghalaya & Anr.
Coram:
Hon’ble Mr. Justice W. Diengdoh, Judge
Appearance: For the Petitioner/Appellant(s) : Mr. K.Ch. Gautam, Adv. For the Respondent(s) : Mr. N. Syngkon, GA. Ms. A. Thungwa, GA. i) Whether approved for reporting in Yes/No Law journals etc.: ii) Whether approved for publication in press: Yes/No ORDER (ORAL)1. Heard Mr. K.Ch. Gautam, learned counsel for the applicant as well as Mr. N. Syngkon, learned GA for the State respondents.
2. On being directed, the learned GA has produced the medical status report as regard the medical condition of the accused person Shri. Saddam Hussain. On perusal of the medical report, it is seen that the patient/accused was referred to Civil Hospital and is now undergoing treatment at Civil Hospital, Shillong. However, the learned GA has fairly pointed out that in the said report, there is an indication by the concerned medical officer, stating that the patient/accused is not responding to the medicines.
3. In normal circumstances, this Court would prefer that the accused be treated at a government facility and direction was also issued that he should be given the utmost care, however, considering the condition of the patient/accused, it would not be fair, if the relatives of the accused are not given the opportunity to take care of their relative or ward, for which he may be referred to any private institution.
4. Be that as it may, without going into the merits of the facts and circumstances, wherewith the accused was charged, though the offence under the NDPS Act are indeed grave and serious in nature, however, on medical ground, the limited prayer of the applicant is found reasonable.
5. Accordingly, the accused Shri. Saddam Hussain is hereby granted interim bail for a period of 2(two) months to enable him to get proper medical treatment at any medical facility of his choice. He is however to be bound by the following conditions that:
i) He shall not abscond or interfere with the court process, including tampering of evidence and witnesses; including tampering of evidence and witnesses;
ii) He shall report his movement to the court concerned fortnightly;
iii) In case he is to be treated outside the State of Meghalaya, prior permission of the court is required;
iv) He is to give his contact number or the contact number of his relative or guardian to the court concerned, if he is required to be contacted at any point of time;
v) He shall bound himself on a personal bond of ₹ 50,000/- (Rupees fifty thousand) only with one solvent surety of like amount; and
vi) He shall report to the correctional home on 10.11.2023.
6. In view of the above, this application is accordingly disposed of.
Judge
Meghalaya
11.09.2023 “D. Nary, PS”