Manipur High Court
H.Sanjoy Singh vs State Of Manipur on 27 February, 2025
Author: A.Guneshwar Sharma
Bench: A.Guneshwar Sharma
24-25
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
Crl A No.10 of 2017 with
MC (Crl A) No.15 of 2022
H.Sanjoy Singh ... Appellant
-Versus-
State of Manipur ... Respondent
BEFORE
HON’BLE MR. JUSTICE A.GUNESHWAR SHARMA
27.2.2025
Heard Ms.Deepashree, learned counsel for the appellant
and Mr.Kh.Athouba, learned PP along with Mr.Phungyo Zinkhai, learned
counsel for the State.
The appellant was convicted vide order dated 27.6.2017
passed by the learned Special Judge, POCSO, Thoubal in Special Trial
(POSCO) Case No.15 of 2014, under Section 366-A IPC and Section 4
POCSO Act 2012 and vide order dated 4.7.2017 the appellant was
directed to undergo Simple Imprisonment for a period of 5 years under
Section 366 A IPC and simple imprisonment for a period of 8 years u/s
4 POCSO Act. A period of 190 days was already set off.
Petitioner, till now, had undergone more than 6 years’
imprisonment out of maximum 8 years and he has to be released on
3.7.2026 on completion of term of sentences. During this time, the
appellant filed the present MC (Crl A) No.15 of 2022 for releasing him
on bail on medical ground.
The medical report submitted by the Medical Officer,
Manipur Central Jail, Sajiwa, dated 7.11.2024 is reproduced herein
below:
“To
The Superintendent, MCJ, Sajiwa,
Dated 7.11.2024Health report for Huidrom Sanjoy.
The inmate was complaining of dizziness, lt. sided
blindness. Blockage of right nostril, pain in lt. leg for
which he was referred to JNIMS multiple ties on different
occasions. He was examined by JNIMS Doctors,
prescribed medicines with advice of investigations. As per
examination he is a known case of cardio-vascular
accident with inpart with rt. Sided hemiparesis with
hypertension. His MRI report dated 1.8.2024 reveals of
cystic excephalomatacic changes at left superior frontal
gyrus and left centform nucleus, Bulky and thickened
lt.cavernous sinus; severe luminal narrowing of lt ICA. His
NCCT PNS report reveals of significant right sided DNS
with bony spur at convexity and rhinitis.
He was advised to plan for septoplasty operation
under Local anaesthesia by ENT specialist on dated
14.10.2024.
He has been recently reviewed at JNIMS MOPD.
He was examined by physician with advise of midicines.
He will be reviewed at JNIMS whenever necessary.
He is not related to me.
EncL;Relevant document Sd
(photocopies) (Dr.M.Chandrajoy Singh)
Sr.Medical Officer
Manipur Central Jail Sajiwa"
Thereafter, father of the appellant also filed an additional
affidavit stating that the appellant had stroke and was on parole for
more than one year.
Ms.Deepashree, learned counsel for the appellant
submits that the petitioner is directed to undergo septoplasty operation
under local anaesthesia by ENT specialist. On the other hand
Mr.Athouba, learned PP draws attention of this Court to the affidavit
dated 16.1.2025 filed by the State respondents in response to the
Medical Report submitted by the Medical Officer, Manipur Central Jail,
Sajiwa. It is stated that all the ailments mentioned in the medical report
dated 7.11.2024 are not of major ailments which warrant treatment of
the petitioner in a hospital and Medical Report submitted by the Medical
Officer, Manipur Central Jail, Sajiwa dated 11.12.2024 does not
mention any date for surgery. Learned PP submits that the petitioner
has no major illness which require treatment outside Jail. It is stated
that the bail application on medical ground be rejected. In the latest
report, it is stated that the appellant has been prescribed new
medicines and review after two months.
The sum and substance of submission of learned PP is
that the appellant does not have major medical problem.
Ms.Deepashree, learned counsel for the appellant draws
attention of this Court to the additional affidavit of the appellant’s father
dated 20.11.2024 which states that when the father of the appellant
visited the jail the appellant was suffering a lot with difficulty attending
nature call and also there is no improvement in his health condition and
is getting worse.
This Court considered the materials on record. Out of 8
maximum years’ period of imprisonment, petitioner has already
undergone more than 6 years and 8 months. The bail application has
been pending since 2022 due to one or other reasons.
On perusal of the medical report it seems that the
petitioner is having numerous problems with his health condition.
However, learned PP is disputing the seriousness of the illness. The
petitioner has been advised for operation of septoplasty under medical
anaesthesia.
Considering the fact that the petitioner has undergone 6
years and 8 months of the total imprisonment of 8 years and nature of
illness which advised for surgery, the petitioner is released on interim
bail on medical ground for three months to the satisfaction of the
learned Special Judge, POCSO, Thoubal on PR Bond of Rs.50,000/-
with surety of Government Employee of like amount.
The appellant shall not leave State of Manipur without
leave of this Court and submit progress report of medical report to the
Jail Authority, to this Court and to the learned Special Judge, POCSO,
Thoubal.
The proposed surgery (septoplasty) be completed within
a period of three months from the date of release and on expiry of
three months the appellant has to surrender to the Superintendent,
Manipur Central Jail, Sajiwa.
List this case on 28.3.2025 for hearing of the main matter
as well as submission of progress of medical treatment.
Furnish a copy of this order to learned counsel for the
parties.
Send a copy of this order to learned Special Judge
(POCSO), Thoubal in connection with Spl Trial (POCSO) Case No.15 of
2014.
JUDGE
Priyojit
RAJKUMA Digitally signed
by RAJKUMAR
R PRIYOJIT PRIYOJIT SINGH
Date: 2025.02.28
SINGH 14:29:24 +05’30’
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