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With the inherent power under Section 482 Cr.P.C, the Court can be convinced to allow the prayer of the petitioners: Meghalaya High Court

The petitioners were allowed to leave the jurisdiction of the Court for the purpose of medical treatment. The Hon’ble High Court of Meghalaya before The Hon’ble Mr. Justice W. Diengdoh held such an opinion in the matter of Shri. Tobias R. Marak & Anr. Vs. State of Meghalaya [Crl.Rev.P. No. 7 of 2021]. 

The facts of the case were related to the impugned order dated 11.10.2021, aggrieved the petitioners. It was stated that the modifications for the bail conditions were declined by the learned Special Judge. This lead him to file this instant petition. It was stated that the petitioners on pre-arrest bail were allowed to go on certain conditions which included not to leave the jurisdiction of the Court. It was stated that petitioner 2 pleaded for some modifications in the conditions since she was required to go to Apollo Hospital, Guwahati for medical treatment and petitioner 1, her husband was required to accompany her. However, the application plea was rejected by the Special Judge (POCSO) Shillong. 

The Hon’ble Court found out that the reason stated by the petitioner was genuine and the Public Prosecutor representing the State did not make any solid objection for the same. 

The Hon’ble Court regarding the matter stated that “In the exercise of inherent power under Section 482 Cr.P.C this Court is persuaded to allow the prayer of the petitioners. Accordingly, the said bail condition is hereby modified only to the extent that the petitioners are allowed to leave the jurisdiction of the Court for the purpose of medical treatment at Apollo Hospital, Guwahati and thereafter, on return to file a report indicating the same for which the original bail condition as cited above would then be restored.”

Therefore, the instant petition was disposed of. 

Click here to read the Judgment

Judgment reviewed by- Bipasha Kundu

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