MILON DAS Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. K. Paul, learned counsel for the petitioner who has submitted that this instant application under Section 439 Cr.P.C is filed on behalf of the accused Shri. Sushen Das who was arrested on 29.02.2020 in connection with Shella P.S. Case No. 9 (2) 2020 under Section 148/326/506/307/302/34 IPC read with Section 3 of PDPP Act and is presently in judicial custody and lodged in Tura District Jail, West Garo Hills.

(2.) The learned counsel for the petitioner has pertinently raised only one main point of submission, i.e. that the accused is suffering from Bronchiectasis and lung collapse particularly left lung, as such, he is entitled to be released on bail, considering his medical condition for which sufficient surety will be produced.

(3.) Also heard Mr. B. Bhattacharjee, learned AAG assisted by Mr. A.H. Kharwanlang, learned GA who has submitted that the materials on record as produced by the petitioner in this instant application would show that there is a discrepancy as far as the name and age of the accused is concerned, particularly the details of the OP Prescription as seen at Annexure 2, page 11 of the application, which is the medical investigation report issued by the Apollo Gleneagles Hospitals, Kolkata showing the patient's name as Mr. Sushan R Das, aged 46 years 8 months 24 days and the date of visit being noted as 5th May 2018.