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2026 DAILYLAW 588 (MAN)

THOUNAOJAM DEBEN SINGH v. OFFICER IN CHARE

MC(Bail Appln.)/10/2026 · 2026-06-23

Ahanthem Bimol Singh

body2026

Judgment text

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MC (Bail. Appln.) No. 10 of 2026 Page 1 Item Nos. 48 IN THE HIGH COURT OF MANIPUR AT IMPHAL MC (Bail Appln. No. 10 of 2026) [Ref: Bail Appln. No. 8 of 2025] Shri Thounaojam Deben Singh, aged about 59 years, S/o of Th. Lukhoi Singh of Khurai Ahongei Leikai, P.O. & P.S. Porompat, District Imphal East, Manipur-795005. …….Applicant Vs. The Officer-in-Charge, Narcotic and Affairs of Borders (NAB), Police Station, Manipur, P.O. & P.S. Imphal, Imphal West District, Manipur-795001. .......... Respondent B E F O R E HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH For the Petitioner : Mr. N. Jotendro, Senior Advocate Syed Murtaza Ahmed For the respondent : Mr. H. Samarjit, Sr. Adv & PP Mrs. RK Emily, Dy. GA Date of Hearing : 24.06.2026 Date of Order : 24.06.2026 ORDER (ORAL) [1] Heard Mr. N. Jotendro, learned senior counsel assisted by Syed Murtaza Ahmed, learned counsel appearing for the applicant and Mr. H. Samarjit, learned senior Advocate and PP assisted by Mrs. RK Emily, learned Deputy GA appearing for the respondents. [2] The present applicant was granted interim bail vide order 13.05.2026 passed by this Court in Bail Application No. 8 of 2025, which reads as under: KABORAMBAM SAPANA CHANU Digitally signed by KABORAMBAM SAPANA CHANU Date: 2026.06.25 13:37:11 +05'30' MC (Bail. Appln.) No. 10 of 2026 Page 2 “[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. [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, Manipur Central Jail, Sajiwa for information and doing the needful.” MC (Bail. Appln.) No. 10 of 2026 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 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 MC (Bail. Appln.) No. 10 of 2026 Page 4 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, 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; MC (Bail. Appln.) No. 10 of 2026 Page 5 (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. (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.” [3] The present application has been filed with a prayer for extending the period of the interim bail granted earlier for a further period of another one month to enable the petitioner to undergo the medical surgery and to complete the necessary medical treatment. When this matter was taken up, this Court passed an order on 17.06.2026 in the present application which reads as under:- “The present application has been filed with the prayer for extending the period of interim bail granted to the petitioner by an order dated 13-05-2026 passed in Bail Appln. No. 8 of 2025 for a further period of another one month. Syed Murtaza Ahmed, learned counsel appearing for the applicant submitted that the said interim bail was granted to enable the petitioner to undergo surgery for treatment of Pile, however, the surgery cannot be carried out within a period of one month and the Doctor has advised that surgery will be done tentatively on 30-06-2026. The learned counsel, accordingly, prays for extending the period of interim bail granted to the petitioner so as to enable him to undergo medical surgery for treatment of his ailment. MC (Bail. Appln.) No. 10 of 2026 Page 6 As prayed for by the learned PP, list this case again on 24-06-2026. In the meantime and till the next date, the interim bail granted to the applicant by an order dated 13-05-2026 passed in Bail Appin. No. 8 of 2025 shall continue.” [4] Mr. N. Jotendro, learned senior counsel appearing for the applicant submitted that the extension of the interim bail is sought by the petitioner only for the purpose of enabling him to complete the medical surgery as advised by the Doctor and that the applicant will voluntarily surrender before the Superintendent of Prison, Manipur Central Jail, Sajiwa on expiry of the one month’s period. [5] Mr. H. Samarjit, learned PP submitted that he is yet to receive any instructions from the authorities and submitted that as the earlier interim bail was granted to facilitate the medical treatment of the applicant, any appropriate order as deemed fit and proper by this Court may be passed. [6] Taking into consideration the submission advanced by the learned counsel appearing for the parties, the present application is allowed with the following directions:- 1. The interim bail granted by this Court vide order dated 13.05.2026 is extended for a period of 1 month w.e.f 15.06.2026, i.e. the date of filing the present MC (Bail. Appln.) No. 10 of 2026 Page 7 application so as to enable the applicant to undergo his medical treatment. 2. It is made clear that on completion of the said period of one month as stated above, the applicant should voluntarily surrender himself before the Superintendent of Prison, Manipur Central Jail, Sajiwa without fail. [7] With the aforesaid directions, the present application is disposed of. JUDGE Sapana