IMPORTANT POINT
The main legal point established in the judgment is that bail is the rule and jail is an exception, especially in cases where there is delay in concluding the trial and no conclusive evidence connecting the accused to the crime.

JUDGMENT

1. This petition has been filed by the applicant who is the mother of the third accused under Section 439 Cr.P.C. seeking to enlarge him on bail in connection with FIR No.57(9)2020 registered under Section 302/34 IPC on the file of Nambol Police Station.

2. The case of the prosecution is that on 11.9.2020 at 8.00 a.m., the complainant Moirangthem James Singh lodged a complaint stating that at around 6.00 a.m., his uncle Moirangthem Amuchou Singh informed him that his father Nilamani Singh was found dead at his farm house located at 200 metres from their house and it is suspected that he was murdered by some unknown persons. After registering the FIR, the investigating officer took up the case for investigation and based on the reliable information received from sources the petitioner, his brother and father were arrested from their house at 12.30 p.m. On preliminary interrogation, they admitted to have committed the crime charged against them and, accordingly, they were remanded to judicial custody. On further interrogation, the accused admitted that they had an argument and beaten up the deceased on the night of 10.9.2020 at around 9.00 p.m. Thus, the accused are liable to be punished as per law.

3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the case in collusion with the complainant and there is no material on record to show that he has committed the alleged offence charged against him. He would submit that the petitioner is a patient of Ureteric Calcue and he has been under constant medical treatment. While the petitioner was in judicial custody, he was produced by the jail authority to JNIMS hospital for treatment where the Doctor states that facility for treating the petitioner was not available in JNIMS. Accordingly, the wife of the petitioner filed Bail Application No.13 of 2020 before this Court and this Court by the order dated 11.12.2020 was pleased to release the petitioner on bail for a period four months so as to enable him to get treatment of his ailment outside the jail.

4. The learned counsel further submitted that after enlarging the petitioner on bail, he got treatment at RIMS on various dates and still he is continuing the treatment. The learned counsel submitted that his brother and father who were also arrested were enlarged on bail on 22.10.2020 and 21.12.2020 respectively by the learned Sessions Judge, Bishnupur.

5. According to learned counsel, the petitioner is quite innocent of the charges levelled against him and has been wrongly implicated by the respondent police. That apart, he is the only bread winner of his family and now he is required to get treatment for stone case as well as depression as advised by the Doctor. He is ready to produce reliable persons as his surety and also furnish necessary bonds and shall obey all the conditions that may be imposed on the petitioner. Thus, a prayer is made to enlarge him on bail.

6. Opposing the petition, learned Additional Public Prosecutor submitted that the petitioner, his brother and father had beaten the deceased, who was much weaker than them without any mercy and in fact they laid their hands on the deceased even after he had fallen on the ground with an intention to kill him. He would submit that the post mortem examination report revealed that there was contusion and fracture of the skull over the left side of the head around the eye which caused the death of the deceased. Thus, it has been proved that the accused persons are liable to be punished.

7. The learned Additional Public Prosecutor further submitted that there is no need for granting bail to the petitioner, as he has got his treatment for more than 10 months and if really requires, the petitioner can be referred to the Board. Since the petitioner has been provided enough time to treat himself medically out of the jail, he cannot be granted bail on the ground of medical treatment. Further, the petitioner appears to have been taking und