DEMI CH. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. S. Dey, learned counsel for the petitioner who has submitted that this Court vide order dtd. 27/5/2024 had granted interim bail to the accused person, Shri. Silnang Ch. Marak who was arrested in connection with Ampati P.S. Case No. 27(03) of 2024 under Sec. 435/506/307/34 IPC. The reason for such allowance is that the father of the accused person in question is suffering and is in coma and has been referred to hospital where he is in the Intensive Care Unit (ICU). It is the submission of the learned counsel that the condition of the father of the accused person has not yet improved and he is still in coma but now has been shifted to Guwahati Metro Hospital, Guwahati where he was also treated in the ICU. The accused person being the only person who has attended to his father in the hospital, is required to continue such attendance till date and as such on this ground alone, the prayer for grant of bail is made.

(2.) Mr. K. Khan, learned P.P has not made any strong objection to the prayer made and has also referred to the progress of the investigation to state that two of the co-accused persons have given their statements before the police indicating the involvement of the accused person but to what extent and in what manner such involvement occurred has not been stated by the said accused who are said to be the eye-witnesses of the said incident. The learned P.P has also submitted that in course of Test Identification Parade the victim has identified the accused person as being present at the scene of the incident. The learned P.P has however submitted that no concrete evidence have been found in the mode and manner of the involvement of the said accused person.

(3.) This Court has considered the submission made and has also perused the documents produced by the petitioner which are the records of the patient that is, the father of the accused person before the Guwahati Metro Hospital. There is no denying the fact that the father of the accused person is in ICU in the said hospital till date and for which the accused person is the only person who is attending to his needs. Though it is a well settled principle of jail jurisprudence that bail is the rule and jail is the exception. In a catena of judgment passed by the Hon'ble Supreme Court guidelines and parametres have been laid down as to the circumstances under which bail can be granted or not.