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2025 DAILYLAW 2486 (MAN)

Biaklian Paite v. State of Manipur

MC(Crl.A.)/22/2025 · 2025-10-26

A Guneshwar Sharma

body2025

Judgment text

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Item No. 147-149 IN THE HIGH COURT OF MANIPUR AT IMPHAL MC(Crl.A.) No. 22 of 2025 with Crl.A. No. 20 of 2019 with Crl.A. No. 23 of 2023 Biaklian Paite …..Applicant/s - Versus – State of Manipur .... Respondent/s BEFORE HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA Order 27.10.2025 [1] Present Mr. Moranthyel Saka, learned counsel for the applicant and Mr. Y. Ashang, learned PP assisted by Mr. W. Niranjit, learned Dy. G.A. for the State respondent. [2] MC(Crl.A.) No. 22 of 2025 has been filed by the appellant for releasing him for 60 to 90 days on parole for taking medical treatment. It is admitted fact that the appellant was convicted in connection with Special Trial Case No. 136 of 2018 by the Court of Special Judge NP & DS (FTC), Manipur under Section 21/29 of NDPS Act, 1985 and sentenced him to undergo imprisonment for 20 (twenty) years and fine of Rs. 2,00,000/- (Rupees two lakh) under Section 21 and 10 (ten) years with fine of Rs. 1,00,000/- (Rupees 1 lakh) under Section 29 of NPDS Act. [3] Crl.A. No. 20 of 2019 is pending before this Court. During the pendency of the appeal, the appellant filed the present application i.e. MC(Crl.A.) No. 22 of 2025 for releasing on parole for taking medical treatment. [4] The appellant was produced before the State Medical Board and also admitted in Babina Hospital. As per the report dated 20.10.2025 issued by the Medical Officer to the Superintendent, Manipur Central Jail, Sajiwa, the appellant suffered from various ailments of low oxygen saturation, not passing urine properly with complaint of weakness, difficulty in breathing and sleep disturbance and requires treatment in higher facility. [5] Learned counsel for the appellant submits that due to the prevailing situation in Manipur, it will not be possible for the appellant to take treatment at Imphal. In the circumstances, learned counsel for the appellant prays that the appellant may be permitted to take treatment at Apollo Hospital, Guwahati. [6] On the other hand, Mr. Y. Ashang, learned PP, submits that in case this Court is going to release the appellant on parole for taking medical treatment, the applicant/appellant should furnish appropriate bond and undertake that he will not abscond and shall surrender before this Court after the treatment. [7] This Court has considered the materials on record, especially the latest report dated 20.10.2025 submitted by the Medical Officer to the Superintendent, Manipur Central Jail, Sajiwa. It is seen that the appellant has multiple serious health problems and he required treatment outside jail and in the present situation, it may not be advisable for him to take treatment at Imphal. [8] In the circumstances, this Court is of the opinion that the appellant be permitted to take treatment at Apollo Hospital, Guwahati. Accordingly, the appellant is released on parole for the period of 60 (sixty) days for taking medical treatment subject to the condition that he shall furnish two sureties of Rs. 1,00,000/- (Rupees one lakh) each (Government Employee) and shall surrender before the Superintendent, Manipur Central Jail, Sajiwa on expiry of 60 (sixty) days period. On reaching Guwahati, the appellant shall report to the jurisdiction police station and shall report every week thereafter during his stay there and furnish a copy of the same to this Court and to the Superintendent, Manipur Central Jail, Sajiwa. [9] With this observation, MC(Crl.A.) No. 22 of 2025 is allowed. The appellant is granted 60 days period for treatment at Apollo Hospital, Guwahati subject to the condition that he shall surrender before the Superintendent, Manipur Central Jail, Sajiwa on expiry of 60 days period from the date of release on submission of necessary bond. [10] Registry is directed to furnish a copy of this order to the Superintendent, Manipur Central Jail, Sajiwa for information and doing the needful. [10] List the remaining case on 13.01.2026. JUDGE Kh. Joshua Maring KH. JOSHUA MARING Digitally signed by KH. JOSHUA MARING Date: 2025.10.28 10:07:24 +05'30'