IMPHAL: Session Judge, Imphal East on Wednesday released accused pradhan of Bamon Kampu Gram Panchayat Naosekpam Rabi in the Khunjamayum Arun murder case on interim bail on medical ground for 62 days till April 14 on his execution of PR bond of Rs. 1 lakh with one surety of same amount and on the condition that he shall not leave the state without prior permission of the court.
The bail order was announced on January 12 after it was kept on reserved from February 10 after hearing the submission of APP of the state and counsel of bail petitioner in length.
The bail application was filed by the alleged accused Pradhan Naosekpam Rabi 45 years, son of late Nimai of Bamon Kampu Khabam, through his counsel praying for releasing the alleged accused on bail on medical ground to facilitate treatment of the accused’s medical condition.
The court heard the submission of APP and counsel of alleged accused who submitted that the accused pradhan was arrested on April 23 last year and since May 4 last year the alleged accused is in judicial custody and further maintained that the medical officer in his report dated November 25 last year advised the alleged accused for colonoscopy and in another report dated December 17 last advised for undergoing angiography (revascularization) at the earliest.
The counsel of alleged accused also submitted that State Medical board report of the alleged accused stated that the alleged accused is suffering from coronary artery disease was advise to undergo further investigation including coronary angiography (revascularization) and that EPH study is not available in Manipur and prayed for his release on medical ground to enable him to receive proper diagnosis and treatment outside the state of Manipur.
On the other APP of the state submitted that as per the report of the medical board, no surgical intervention is needed at present and thus, it shows that there is no immediate danger/ threatening to the life of alleged accused and maintained and also maintained that the said EPH study is available in the private hospital in Manipur and prays for rejecting the prayer of the alleged accused as he is involved in the heinous crime under Section 302 IPC murder.
The court perused carefully all the material on record, the charges leveled against the alleged accused is under section 302 IPC and the court had already framed charges against the accused Naosekpam Rabi and Khunjamayum Helen under Section 302 and is in the stage of prosecution witnesses hearing.
After going through all the report of medical status of alleged accused by Special State Medical board ,medical report Senior Resident department of JNIMS and from the information it is evident that coronary artery disease may cause heart attack/failure which endanger the life in person if immediate proper investigation and treatment is not given and furthermore the state medical board also advised for electrophysiology study (EPH study) and it is not available in Manipur.
The court also observed that the it is no doubt that the charges farmed against the alleged accused is under section 302 IPC, a heinous crime, but the right to life of a person, whether accused or not, is a fundamental right guaranteed by the constitution of India and that it is also bounden duty of the court to save the life of an accused, even though he involves in heinous crime.
As thus court order to released the alleged accused Pradhan N Rabi on interim bail on medical ground for a period of 62 days till April 14 on his execution of PR bond of Rs. 1 Lakh with one surety of like amount and on the condition that the alleged accused shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police officer and the alleged accused shall not leave the state of Manipur without the prior permission of the court.
Mention may be made that the accused Pradhan Naosekpam Rabi and Khunjamayum Helen, wife of the deceased victim, were arrested in connection with the brutal murder case of Khunjamayum Arun on April 23 last year. He body was recovered from a paddy field under Irilbung police station some half kilometers away from victim residence after the victim went out the previous night. The charge was framed against them for trial on November 16 last year after the concern IO of the case submitted the charge sheet before the court.
It may also be mentioned that bail application of the co accused Khunjamayum Helen was rejected by the same court on December 30, last year.