Page No.# 1/4 GAHC030008332025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./57/2025 Sh. ZD Lalchhuanawma S/o ZD Lalsanglura, Electric Veng, Lunglei VERSUS The State of Mizoram Aizawl Advocate for the Petitioner : Mr. Jonathan Lalrintluanga Advocate for the Respondent : P.P./Addl.PP, Mizoram B E F O R E HON’BLE MRS. JUSTICE MARLI VANKUNG ORDER 16.01.2026 Heard Mr. Jonathan Lalrintluanga, learned counsel for the accused/petitioner along with Mrs. Linda L. Fambawl, learned Public Prosecutor for the State respondent. 2. It is seen that the TCR called for is not received till date, however, the learned counsel for the accused/petitioner submits that he would like to press for the release of the accused/petitioner on bail due to the medical condition of Page No.# 2/4 the accused/petitioner who is at present under treatment and admitted at the Swagat Hospital Pvt. Ltd., Guwahati, undergoing medical treatment for Chronic Liver Disease (CLD). 3. The learned counsel for the accused/petitioner submits that the accused/petitioner was arrested on 14.01.2023 for the alleged commission of the offence under Section 21 (C) of the ND&PS Act, 1985 for the seizure of 501 grams of alleged Heroine in SR No. 231/2023. The accused/petitioner being a heart patient was required to undergo medical treatment and the learned Special Judge, ND&PS Act had allowed interim bail to the accused/petitioner on medical grounds on several occasions, since the accused/petitioner was suffering from various medical complications. The learned counsel submits that the accused/ petitioner is now undergoing treatment and is admitted at the Swagat Hospital Pvt. Ltd., Guwahati on 09.07.2025 due to Heart problems, Urine issues and First-Stage Chronic Liver Disease (CLD). As per the Medical Certificate given by the concerned Doctor dated 25.11.2025 his current health condition is very delicate and though he is required to undergo surgery he is not strong enough to undergo the same since his health is very delicate and needs to remain under care and observation. 4. The learned counsel thus submits that even if the accused petitioner was discharged from the hospital, he is not fit to be remanded back into Judicial Custody at this stage and prayed that he may be granted Regular bail, which was unfortunately, refused by the learned Trial Court in Bail Application of 442/2025 dated 17.11.2025. The learned counsel further submitted that the accused/petitioner has no bad antecedents and this is the first time that he has been arrested and charged under Section 21 (C) of the ND&PS Act, for which he is innocent of the said offence. He further submitted that the co-accused in the Page No.# 3/4 same case was also granted bail by this court vide Order dated 27.03.2024 in Bail Application No. 17/2024 and thus the principal of parity may be applied in the instant case. 5. Ms. Linda L. Fambawl, learned Public Prosecutor, on the other hand, submits that though the co-accused in this case was granted bail, the main accused person is the present accused petitioner, who is the owner of the seized 501 grams of Heroine. The said seized article also was seized from the possession of the present accused/petitioner. The learned Public Prosecutor has thus strongly objected to the release of the accused/petitioner on bail. 6. On considering the submissions made by the learned counsels for both parties, this court has perused the medical documents on record. On perusal of the medical documents this court finds that the health condition of the accused/petitioner appeared to be serious and finds that the accused/petitioner would not be fit to be remanded back into Judicial custody considering the fact that he is said to suffering from Heart problems, Urine issues and First-Stage Chronic Liver Disease (CLD). This court also finds that there is no previous conviction against the petitioner and the seized quantity of the SAS is not of such a huge quantity being 501 grams of suspected Heroine for which the accused/petitioner claimed his innocence. 7. In view of the above, this court finds it appropriate to grant bail to the accused petitioner, with a bail bond of Rs. 1,00,000/- (Rupees One lakh) and with one surety, with a bond of the like amount, who shall be to the satisfaction of the learned Trial Court. The learned Trial Court may also impose any other further conditions as found appropriate, to ensure that the accused petitioner does not abscond during trial. Page No.# 4/4 8. Accordingly, Bail. Application No. 57/2025 stands allowed and disposed of. JUDGE Comparing Assistant