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2025 DAILYLAW 214 (MAN)

Thounaojam Deben Singh v. Officer in Charge (NAB)

BAIL APPLN./8/2025 · 2026-05-12

Ahanthem Bimol Singh

body2025

Judgment text

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Bail Appln. No. 8 of 2025 Page 1 Item Nos. 31 IN THE HIGH COURT OF MANIPUR AT IMPHAL BAIL APPLICATION No. 8 of 2025 1. Shri. Thounaojam Deben Singh, aged about 58 years, S/o of Th. Likhoi Singh of Khurai Ahongei Leikai, P.O & P.S. Porompat, District Imphal East, Manipur- 795005. …Petitioner/s Vrs. 1. The Officer-in-Charge, Narcotic and Affairs of Borders (NAB), Police Station, Manipur, P.O & P.S. Imphal, Imphal West District, Manipur – 795001. …Respondent/s -B E F O R E- HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH For the petitioner : Mr. N. Jotendro, Sr. Advocate Md. Syed Murtaza Ahmed, Advocate For the respondent : Mr. H. Samarjit, Sr. Advocate & PP Mrs. R.K. Emily, Dy. GA Date of Hearing : 13.05.2026 Date of order : 13.05.2026. (O R D E R) 13.05.2026. [1] Mr. N. Jotendro, learned Sr. counsel assisted by Md. Syed Murtaza Ahmed, learned counsel appeared on behalf of the petitioner and Mr. H. Samarjit, learned Sr. counsel and PP assisted by Mrs. R.K. Emily, learned Dy GA appeared on behalf of the respondent. Lucy Gurum ayum Digitally signed by Lucy Gurumayum Date: 2026.05.13 17:47:09 +05'30' Bail Appln. No. 8 of 2025 Page 2 [2] This is to be read with and in continuation and conjunction with earlier proceedings dated 05.02.2026 & 06.04.2026 which are reproduced hereunder:- Order dated 05.02.2026 as follows:- “[1] Present Mr. N. Jotendro, learned senior counsel assisted by Mr. Abdul Baqee Khan, learned counsel for the petitioner and Mr. H. Samarjit, learned PP assisted by Mr. W. Niranjit, learned Dy. G.A. for the State respondent. [2] Trial Court rejected the bail application after perusing the report of the State Medical Board held on 17.01.2025. Thereafter, vide order dated 29.04.2025, this Court called for a medical report of the petitioner from the Superintendent, Manipur Central Jail Sajiwa and the same was forwarded by a letter dated 30.05.2025 to the Registry and the medical report dated 30.05.2025 is on record. Learned PP has not a copy of the same in his file. [3] Mr. H. Samarjit, learned PP, submits that once the State Medical Board has given a finding vide its report dated 17.01.2025, the report of the Medical Officer of jail may not be considered for appreciating the medical condition of the petitioner. It is prayed that the matter may be referred to the State Medical Board for re- appreciating of the condition of the petitioner. [4] Considering the submissions made at the bar, the Superintendent, Manipur Central Jail, Sajiwa is directed to produce before the State Medical Board within two weeks and the petitioner be produced on the date fixed by the State Medical Board within this time. [5] A copy of the assessment by the State Medical Board may be forwarded to this Court. [6] List this case on 09.03.2026. [7] Send a copy of this order to the Superintendent, Manpur Central Jail, Sajiwa for information and doing the needful.” Bail Appln. No. 8 of 2025 Page 3 Order dated 06.04.2026 as follows:- “Mr. N. Jotendro, learned senior counsel assisted by Syed Murtaza Ahmed, learned counsel appeared for the petitioner and Mr. H. Samarjit, learned senior counsel and PP assisted by Mr. Phungyo Zingkhai, learned Deputy GA appeared on behalf of the respondent. By an order dated 05-02-2026 passed by this court, the Superintendent, Manipur Central Jail, Sajiwa, was directed to produce the petitioner before the State Medical Board for assessment of the petitioner’s health condition and to submit a copy of the assessment made by the State Medical Board. Pursuant to the said direction given by this court, the State Medical Examination Report in respect of the present petitioner has been forwarded by the Superintendent of Prisons, Manipur Central Jail, Sajiwa, under cover of a letter dated 27-03-2026 and the same is found on record. Both the counsel appearing for the parties prays for furnishing a copy of the said medical report for their perusal and to list this matter after one week. In view of the submission made above, registry is directed to furnish a copy of the said Medical Examination Report to both the counsel appearing for the parties within two days. As prayed for, list this case again on 27-04-2026 for further consideration.” [3] Pursuant to the earlier directions given by this Court, the petitioner was examined by a Special State Medical Board in its sitting held on 25.03.2026 and thereafter the examination report of the petitioner by the said Special State Medical Board has been submitted before this Court through the Superintendent of Prison Bail Appln. No. 8 of 2025 Page 4 Manipur Central Jail, Sajiwa under cover of a letter dated 27.03.2026. In the medical report submitted by the Surgeon, it has been advised that the patient required further treatment of Piles by Surgical management and that if left unattended, it may lead to worsening of the Piles. [4] Mr. N. Jotendro, learned Sr. counsel appearing for the petitioner by relying on the said Medical Report of the Surgeon submitted that the petitioner be released on interim bail for a period of one month so as to enable him to undergo the surgical procedure for management of his Piles and that the petitioner will voluntarily surrender before the authorities after availing/undergoing the medical treatment advised by the Doctors or on expiry of one month period from the date of his release on bail. [5] Mr. H. Samarjit, learned Sr. counsel and PP fairly submitted that as the Medical Expert has given advised that the petitioner needs to undergo Surgical Procedure for treatment of his Piles, he has no objection in allowing the petitioner to avail interim bail for a period of one month so as to enable him to get medical treatment. The learned PP, however, submitted that the interim bail be subject to the condition that the petitioner will voluntarily surrender before the Superintendent of Prison, Manipur Central Jail, Bail Appln. No. 8 of 2025 Page 5 Sajiwa on expiry of the period of one month from the date of his release on bail. The learned PP, further submitted that the interim bail be granted subject to payment of bail bond and surety. [6] In view of the submission made by the learned counsel appearing for the parties and on consideration of the material available on record and on examination of the Medical Report submitted by the Special State Medical Board, this Court is of the considered view that it will be in the interest of justice to issue the following directions; (i) The authorities are directed to release the petitioner on interim bail for a period of one month so as to enable him to avail medical treatment as advised by the medical expert; (ii) The said interim bail should be granted subject to furnishing a bail bond of Rs. 50,000/- (Rupees Fifty thousand) only with 1 surety of like amount to the satisfaction of the Special Court, ND&PS, Manipur; (iii) The petitioner should surrender before the Superintendent of Prison, Manipur Central Jail, Sajiwa on expiry of one month period from the date of his release on bail. Bail Appln. No. 8 of 2025 Page 6 (iv) The petitioner should not leave the State of Manipur without prior permission of the Special Court, ND&PS, Manipur. [7] With the aforesaid directions, the present bail application is disposed of. JUDGE Lucy