Page No.# 1/4 GAHC030001852025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./10/2025 Sh. Hmingthantluanga S/o. Lalfakzuala, R/o. Tahan Myanmar P/a Edenthar, Aizawl VERSUS The State of Mizoram Aizawl Advocate for the Petitioner : Mr. Jonathan Lalrintluanga Advocate for the Respondent : P.P./Addl.PP, Mizoram BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER Date : 03.04.2025 Heard Mr. Jonathan Lalrintluanga, learned counsel for the petitioner along with Ms. Vanneihsiami, learned Addl. Public Prosecutor for the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023 r/w Section 37 of the ND&PS Act, 1985 for the release of the petitioner on bail. 3. The learned counsel for the petitioner submitted that the petitioner was arrested on 24.08.2024 by the Excise personnel for the alleged commission of Page No.# 2/4 an offence punishable under Section 22(c) of the ND&PS Act, 1985 in connection with the recovery of 9.907 kgs of Methamphetamine amounting to 10,1000 tablets in Excise Case No. N-151/2024. He submits that charge sheet has been submitted and the case is registered as SR No. 228/2024. The learned counsel submitted that the petitioner has been in judicial custody till date and the petitioner is suffering from severe ailments and undergoing frequent medical examinations. On account of his health issues, he was admitted to Aizawl Hospital & Research Centre on 21.02.2025, wherein he was diagnosed as a case of RTI, Acute on Chronic Kidney failure, UTI, Acute Hepatitis. That due to persisting shortness of breath, he was shifted to ICU for observation on 08.03.2025. As per the report submitted by the Medical Officer, Aizawl Hospital & Research Centre dated 20.03.2025, the petitioner was under treatment at ICU. It was reported that he required Haemodialysis for whole life or Renal transplant. He was referred to higher centre where Nephrologist is available. 4. The learned counsel for the petitioner submits that since the petitioner is requiring proper treatment needing Nephrologist consultation which is not available at Aizawl Hospital & Research Centre, he prayed that he may be released on bail, so that he can get the proper medical treatment. He further submitted that even if bail is not granted on regular basis, he may be granted interim bail for a certain period of time, so that he can be given the proper medical treatment. 5. Ms. Vanneihsiami, learned Addl. Public Prosecutor submits that the petitioner is being given the required medical treatment and that as of today, he is no longer kept in the ICU. She has produced a letter dated 03.04.2025 issued by the Medical Officer, Aizawl Hospital & Research Centre which shows that the Page No.# 3/4 petitioner is currently under treatment in the said hospital. She further submits that considering the serious nature of the offence against the petitioner, he may not be released on bail since he is getting the required medical treatment while kept in judicial custody. 6. Having heard the submissions made by the learned counsels for both the parties, this Court has perused the Medical Certificate issued by the Medical Officer, Aizawl Hospital & Research Centre dated 03.04.2025 which states that:- “This is to certify that Mr. Hmingthantluanga 38 yrs/Male resident of Central Veng was admitted at our hospital on 21/02/25. He was admitted with c/o shortness of breath, decrease urine output, fever and cough. He was diagnosed as a case of ?CKD, RTI, Urosepsis. He was treated on iv antibiotic alongwith other supportive treatment. Due to persisting shortness of breath, he was shifted to ICU on 08/03/25. ABG revealed that he had severe metabolic acidosis which is life threatening. As his renal function was not improving, sittings of Haemodialysis was also done. He will be needing Nephrologist consultation and may require admission at ICU according to his condition. He is currently under treatment at our hospital. He will be requiring further investigation and treatment.” The copy of the medical certificate is to be marked ‘X’ and kept in the file for reference. From the above medical certificate, it is seen that though the petitioner is currently under treatment at Aizawl Hospital & Research Centre, however it also mentioned that the petitioner has severe metabolic acidosis which is life threatening and that he will be needing Nephrologist consultation which may require admission at ICU according to his condition. This clearly indicates that the nature of the illness of the petitioner is quite serious which needs further Page No.# 4/4 Nephrologist consultation and also required further investigation and treatment. 7. This Court is thus of the opinion that further medical treatment can be availed by the petitioner at any other hospital other than Aizawl Hospital & Research Centre, if required, if he is out on bail. At the same time, it is also noted that the petitioner is charged under Section 22(c) ND&PS Act for the alleged possession of 9.907 kgs of Methamphetamine amounting to 10,1000 tablets which is an offence of a serious nature, and that charge sheet has also been filed. 8. In view of the above, this Court finds it fit to grant interim bail to the petitioner for a period of 4 (four) months to enable him to get proper treatment as per requirement. The petitioner is thus granted interim bail for a period of 4 (four) months with a bail bond of Rs. 1 lakh and one surety with a bond of the like amount, who shall be to the satisfaction of the learned Trial Court. Thereafter, he is to report himself before the learned Trial Court on the expiry of 4 (four) months from the date of this order. The learned Trial Court shall then be at liberty to either extend the bail bond of the petitioner according to his medical condition or remand him back to judicial custody. 9. Accordingly, Bail Application No. 10/2025 stands disposed of as above. JUDGE Comparing Assistant