SAPAM CHARUBALA Vs. NATIONAL INVESTIGATION AGENCY
LAWS(MANIP)-2019-4-12
HIGH COURT OF MANIPUR
Decided on April 25,2019

Sapam Charubala Appellant
VERSUS
NATIONAL INVESTIGATION AGENCY Respondents

JUDGEMENT

RAMALINGAM SUDHAKAR, J. - (1.) This appeal has been filed challenging the order of the learned Special Judge (NIA), Manipur in Cril. Misc.(B) Case No.44 of 2018 on 06.11.2018. By the order dated 6.11.2018, the learned Special Judge (NIA), Manipur, while rejecting the bail application for the reasons stated therein, directed that the appellant-accused should be medically treated. The reasons for rejecting the bail and the reasons for directing the medical treatment are at page Nos.68 and 69, which are as follows:- "Ld. Spl P. P. (NIA), further submitted that despite Order of this Court dtd 24.08.2018 directing that the number of visitors to the accused in the Security Ward, JNIMS to his wife, any of the children, the PRO and one attendant, the accused tried to meet various officials of Saikul area, as disclosed by the officials in their statement. As such, the accused had intention to interfere with the investigation by concealing or destroying/manipulating the evidence and influencing other witnesses during his judicial custody at JNIMS. "Ld. Spl.P.P. (NIA) also added that the accused is already under medical supervision and is getting proper medical facility. Further the accused is a politically and economically powerful person in the locality of Imphal and surrounding areas. Also, NIA has got sufficient material on record to establish the involvement and vital role of the accused in the present case and hence releasing him on bail would seriously jeopardise the case of the prosecution.
(2.) I have also received the report from the Special State Medical Board, sitting held on 5.11.2018 at 11 a.m., wherein it was advised that the patient needs treatment and hospitalization at a sophisticated cardiac centre.
(3.) Under the circumstances, after taking into consideration the materials on record, on hearing both counsels and on the recommendation of the State Medical Board, the accused is permitted to be treated at the Cardio-Thoracic Centre, All India Institute of Medical Sciences (AlIMS), New Delhi for his ailments. His prayer for grant of bail is, however, rejected. Superintendent, Manipur Central Jail Sajiwa is directed to provide personnel for escorting the accused upto his destination. Authorities of NIA are to move to the Special Judge (NIA), New Delhi for facilitating all necessary arrangements for security wards, security personnel etc. at AIIMS prior to transit of the accused. Further, NIA is to submit the list of permitted visitors/caretakers for the accused as already allowed in this application viz., wife of the accused, any of the children, the PRO and one attendant, at the time of filing an application before the Special Judge (NIA),New Delhi. Also NIA is to submit a monthly progress report on the health of the accused. Put up the report so submitted in the connected remand case, pending before this Court. Send a copy of this Order to the Special Judge (NIA), Delhi through the authorities of the NIA for information. Also furnish a copy of this Order to both parties for information. Send also a copy of this Order to the Superintendent, Manipur C ntral Jail, Sajiwa for information and compliance. The case is disposed of as rejected. Announced." ;


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