Page No.# 1/5 GAHC030005052025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./34/2025 Sh. Lalmalsawma S/o Chhunglawma, R/o Zokhawthar, Neuva Section VERSUS The State of Mizoram Aizawl Advocate for the Petitioner : Mr. Johny L Tochhawng Advocate for the Respondent : P.P./Addl.PP, Mizoram BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER Date : 11-08-2025 Heard Mr. Johny L.Tochhawng, learned counsel for the petitioner. Also heard Mrs. Mary L. Khiangte, learned counsel for the State respondents. 2. This is an application filed under section 483 of the BNSS r/w Section 37 of the ND & PS Act praying for the release of the petitioner on bail in connection with ZKTR P.S case No. 36/36/2025 registered u/s 21(c)/25 & n 29 of the ND & PS Act. Page No.# 2/5 3. The learned counsel for the petitioner submits that the petitioner was apprehended on 13.03.2025 in connection with seizure of 4.722 kgs. of suspected heroine and the petitioner has been in custody since then. He submitted that the petitioner is suffering from severe medical complications for which he was taken to District Hospital, Champhai wherein he was advised to undergo ORIS (Open Reduction and Internal Fixation) & K-wiring urgently for which he has been referred to Aizawl for further treatment. The learned counsel for the petitioner submits that the petitioner is unable to move his left hand freely and due to the lack of adequate of medical facilities at District Hospital Champhai, for which he has now been referred for proper medical treatment at Aizawl. He submits that unless a timely medical treatment is given to the petitioner, it is likely that the he could loose proper use of his left hand permanently. The learned counsel has enclosed the medical documents showing that the petitioner is required to undergo proper medical treatment for his left hand requiring surgery in relation to ORIF (Open Reduction and Internal Fixation) with respect to his left elbow. He thus prayed that the Petitioner may be granted regular bail or even an interim bail for a period of 4 months to enable to undergo proper Medical Treatment. Page No.# 3/5 4. The learned Additional Public Prosecutor submits that in terms of this Court order dated 08.08.2025, it has been verify that the petitioner requires immediate medical treatment in relation to ORIF with respect to his left Elbow which cannot be treated at Champhai District Hospital and for which he has been referred to Aizawl District for proper medical treatment. The learned Addl. Public Prosecutor in all fairness submits that there is no objection to the petitioner being granted interim bail so that he can receive the required medical treatment at Aizawl District. She however, submits that considering the large quantity of the seized contraband substance which is 4.722 Kgs. of suspected heroine, if the petitioner is released on bail, there should be a condition imposed that he should report to the case I.O every week, through whatsapp call or through any electronic media in the event that he is not able to present physically due to his medical treatment, to ensure that he does not abscond on his being released on bail. 5. Having heard the submission made by the learned counsels for both the parties, this court has perused the documents placed on record. It is seen that the petitioner is recommended to take medical treatment outside Champhai District on being diagnosed for surgery in relation to ORIF with respect to his left hand elbow. Page No.# 4/5 6. It is also seen that petitioner appeared to be having difficulty while in custody wherein he is said to complain of pain and discomfort while moving his left hand elbow. 7. In view of the above facts and circumstances, this court finds it appropriate to grant interim bail to the petitioner for a period of 4 months, to be able him to undergo proper medical treatment in relation to ORIF (Open Reduction and Internal Fixation) respect to his left hand elbow. The petitioner is granted interim bail with a bail bond of 1 lakh and two reliable sureties with a bond of the like amount each, who shall be to the satisfaction of the learned Trial Court. This court also finds it appropriate that the learned Trial Court may also impose any other conditions found appropriate to ensure that the petitioner does not abscond or hamper with the investigation of the case during his interim bail. Accordingly, the petitioner is to appear and report himself before the learned Trial Court after a period of 4 months on 12.12.2025. 8. The Bail Application No. 34/2025 thus stands disposed of as above. JUDGE Page No.# 5/5 Comparing Assistant