Meghalaya High Court
Shri. Robiul Hussain vs . State Of Meghalaya & Ors. on 27 December, 2024
Author: W. Diengdoh
Bench: W. Diengdoh
Serial No. 03
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
BA. No. 83 of 2024
Date of Order: 27.12.2024
Shri. Robiul Hussain Vs. State of Meghalaya & Ors.
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner/Appellant(s) : Ms. S. Nongsiej, Adv.
For the Respondent(s) : Mr. K. Khan, PP. with
Mr. R. Gurung, GA.
Mr. K.P. Bhattacharjee, GA. for R 1 & 2.
1. Heard Ms. S. Nongsiej, learned counsel for the petitioner, who has
submitted that this is an application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023 for grant of bail on behalf of the
petitioner herein, who is presently in custody in connection with Special
(POCSO) Case No. 16 of 2022 pending before the Court of the learned Special
Judge (POCSO), Ri-Bhoi District, Nongpoh.
2. It is also the submission of the learned counsel that the petitioner
is suffering from several ailments and has also been diagnosed with L4 L5
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Prolapse and is also suffering from spine problem with complaint of blockage
of sensation in the right ear amongst others. To this effect, the petitioner on
being referred to NEIGRIHMS, was advised to undergo surgery, however, till
date, the jail authorities have not provided any assistance as far as the surgery
is concerned. It is the prayer of the petitioner that the jail authorities may be
directed to allow the surgical procedure to be conducted upon the petitioner,
who may be assisted or accompanied by his close family members during such
procedure.
3. Mr. K. Khan, learned PP assisted by Mr. R. Gurung, learned GA
for the State respondent Nos. 1 & 2 has no objection to the prayer made as far
as the medical treatment is concerned, and has assured that the jail authorities
will provide personal assistance in this regard. However, as far as the prayer
for grant of bail is concerned, the learned PP has submitted that the petitioner
may be directed to take steps for issuance of notice upon the respondent No.
3/complainant, who may be heard in this matter as far as the prayer for grant
of bail is concerned.
4. This Court on consideration of the submission made, in the first
instance, would direct the petitioner to take steps for issuance of notice upon
the respondent No. 3 including Dasti service as prayed for.
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5. As far as the medical treatment is concerned, the jail authorities
are directed to cause the petitioner to be examined at NEIGRIHMS, to abide
by any medical advice rendered thereafter, even, if surgical procedure is
required. Further, if any surgery is required, the same to be carried out at
NEIGRIHMS, and the family members of the petitioner are allowed to
accompany him during such procedure. However, it is made clear that even
and during such procedure, the petitioner will still be under the custody of the
police.
6. Let copy of this order be issued upon the Superintendent, District
Prisons and Correctional Home, Ri-Bhoi District, Nongpoh for immediate
compliance and the status report to be filed on the next date.
7. List this matter on 30.01.2025.
Judge
Meghalaya
27.12.2024
“D. Nary, PS”
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