Allowed

Babul Das v. the State of Tripura

Tripura HC7 Nov 2016IA./1470/2016

Case brief

AI extract

What is this about?

In an interim bail application regarding a life sentence convict, the High Court of Tripura ordered a medical board examination. Upon confirming severe illness and lack of treatment facilities, the court granted interim bail for six months for medical treatment until the parole application is decided.

What did the court decide?

Interim bail granted for 6 months with surety of Rs. 50,000 for medical treatment pending parole consideration.

Babul Das Vs the State of Tripura — Medical Negligence | Tripura HC (2016)

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Page 1 of 4

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HIGH COURT OF TRIPURA AGARTALA

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IA No.01/2018 IN CRL A(J) No.35/2016

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Babul Das

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----Accused Appellant(s)

Versus

The State of Tripura

----Respondent(s)

For Applicant(s) : Mr. P R Barman, Advocate, Mr. Samarjit Bhattacharjee, Advocate. For Respondent(s) : Mr. S. Kar Bhowmik, SPL. P.P., Mr. B. Choudhury, P.P.

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HON’BLE THE CHIEF JUSTICE MR. AJAY RASTOGI HON’BLE MR. JUSTICE ARINDAM LODH

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Order

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03/08/2018

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The second application for interim suspension of sentence has been filed at the instance of accused appellant Shri Babul Das who has been convicted u/Sec.302/149/120B/147/148 IPC and Section 3 of the Explosive Substance Act, 1908 by the Addl. Sessions Judge, West Tripura, Agartala vide judgment dt.29^th April, 2016 and undergoing life sentence.

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It reveals from the record that 12 accused appellants were convicted u/Sec.302 IPC vide judgment dt.29^th April, 2016 and each of them is undergoing life sentence. The first bail application of the accused appellants jointly preferred in IA No.172/2017 came to be dismissed by the Court on merits vide order dt.10^th March, 2017.

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Page 2 of 4

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The present application has been filed by the accused appellant seeking bail on medical grounds and reveals that he is 63 years of age and is suffering with type 2 diabetes mellitus with nephropathy, hypertension and diabetic foot also with chronic liver disease with refractory ascites and took treatment from Apollo Hospital, Chennai under the hepatologists Dr. Hemamala V. Sand and Dr. Joy Varghse and has been suggested for liver transplantation.

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The accused appellant at present admitted and undergoing treatment in AGMC and GBP Hospital, Agartala, we consider it appropriate to take note of the medical condition of the accused appellant directed vide order dt.31-07-2018 to be examined by the medical board and the medical report be submitted to this court.

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In compliance of our order, the medical superintendant and head of office AGMC and GBP Hospital, Agartala constituted a medical board who examine the accused appellant on 2^nd August, 2018 and submitted its report copy of which has been made available to us. We consider it appropriate to quote the extract of the medical report of the accused appellant which is as under :

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“The board members consulted the concerned physicians and had gone through the bed head ticket and also examined the patient.

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It is found that he is 63 years old and is having type of 2 diabetes mellitus with nephropathy, hypertension and diabetic foot associated with he is also having chronic liver disease with refractory ascites. The patient is taking treatment from Apollo Hospital, Chennai

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Page 3 of 4

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under the hepatologists Dr. Hemamala V.S and Dr. Joy Varghese. Both of them has suggested for liver transplantation, a facility which is not available in the State.

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All relevant documents are attached with the bed head ticket.

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Since this facility is not available in the state, the patient may be referred to higher centre for evaluation for liver transplantation as suggested by hepatologists of Chennai.”

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Counsel for the appellant submits that he is in urgent need as suggested for liver transplantation and indisputably such medical facilities are not available in the State of Tripura. In the given circumstances earlier he approached to the committee seeking parole and that was granted to him by the authority vide order dt.11^th May, 2018 followed by 17^th May, 2018 & 22^nd June, 2018 respectively. In the given circumstances at least for medical treatment looking to his age and for his medical treatment the accused appellant be granted interim bail for the treatment.

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The fact which has been noticed from the records are not being controverted by the Public Prosecutor but he has seriously opposed this application and submits that as the application seeking parole is still pending with the authority, this court if considers appropriate may direct the authority to consider his application keeping in view is condition as advised by the medical board of which reference has been made.

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As the bail application on earlier occasion on merits has been dismissed but taking note of the medical condition of the accused

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Page 4 of 4

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appellant Babul Das, S/o late Ramani Mohan Das of which we have made a reference and also observed by the medical board in its report of which reference has been made by us we consider it appropriate to grant him interim bail for a period of 6 months for taking medical treatment on furnishing a bail bonds of ₹50,000/with one surety of the like amount to the satisfaction of the ld.

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Trial Judge.

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The application stands disposed of on the above terms.

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(ARINDAM LODH), J (AJAY RASTOGI), CJ

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Certificate : All corrections made in the judgment/order have been incorporated in the judgment/order

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Dipesh

Babul Das v. the State of Tripura

Case brief

What is this about?

What did the court decide?

Babul Das v. the State of Tripura

Case brief

What is this about?

What did the court decide?

What the court decided

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