Esther Syiem v. The State of Meghalaya and Anr

Serial No. 01 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 130 of 2024

Date of Order: 26.11.2024 Smti. Esther Syiem aged about 51 Years, wife of Shri. Ricky Diengdoh, R/o Fifth Mile, Upper Shillong, East Khasi Hills District, Meghalaya.

::::: Petitioner -Vs-

¶1The State of Meghalaya Represented by Secretary (Home) Government of Meghalaya.

¶2The Superintendent of Police, Ri-Bhoi District, Meghalaya. ::::: Respondents Coram: Hon'ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioner/Appellant(s) : Mr. S.S. Yadav, Adv. For the Respondent(s) : Mr. R. Gurung, GA.

i) Whether approved for reporting in Law journals etc.:

ii) Whether approved for publication in press: ORAL:

¶1Heard Mr. S.S. Yadav, learned counsel for the petitioner, who has submitted that this Court vide order dated 26.09.2024 passed in BA. No. 32 of 2024 had allowed the accused son of the petitioner named, Shri. Daniel Syiem to be enlarged on interim bail to enable him to proceed for medical treatment at the CMC, Vellore as recommended by the concerned doctor.

¶2The learned counsel also submits that pursuant to the said order dated 26.09.2024, the petitioner had taken steps to procure necessary funds towards the cost of treatment, etc. for which, as is entitled, she had approached the Director of Health Services (DHS) for sanction of such funds. However, since the process of sanction had taken some time, the final order of sanction having been made on

19.11.2024, therefore, the accused/patient could not proceed for the said medical treatment in time. Now that the sanction has been accorded, the accused/patient may be allowed to proceed to the said hospital for the necessary treatment, further submits the learned counsel.

¶3In the meantime, since the direction of this Court vide the said order dated 26.09.2024 (supra), wherein the time allowed for such treatment would expire today, the petitioner has now approach this Court, seeking further extension of the interim bail to allow the accused/patient to be treated as recommended.

¶4Mr. R. Gurung, learned GA appearing on behalf of the State respondent has no strong objection to the prayer made for extension of the interim bail for the said purpose, however, the learned GA would submit that, since there are proper medical institutions with adequate medical facilities available in the State of Meghalaya, the petitioner may be directed to avail any of such facilities within the State.

¶5This Court has given due consideration to the submission made, and as far as the prayer made by the petitioner is concerned, and the reasons given for the delay in proceeding for the said medical treatment, vis-à-vis, the time frame allotted by this Court, the Court would allow the prayer made, and the interim bail granted is hereby extended for a further period of 3(three) months from today.

¶6It is incumbent upon the petitioner to ensure that the accused person report to the prison authorities at the District Prisons and Correctional Home, Ri-Bhoi District, Nongpoh on 26.02.2025. It is also directed that the petitioner file a Miscellaneous Application before this Court bringing the compliance report on record.

¶7Misc. Case disposed of. Judge Date: 2024.11.26 17:26:16 IST