Calcutta High Court (Appellete Side)
Krishna Gopal Das @ Kesto & Anr vs State Of West Bengal & Ors on 6 February, 2025
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
06.02.2025
Court No.13
Item Nos.23 to 25
adeb
CRA 659 of 2017
with
IA No. CRAN 3 of 2023
Krishna Gopal Das @ Kesto & Anr.
Vs.
State of West Bengal & Ors.
With
CRA 678 of 2017
Shambhu Das & Ors.
Vs.
State of West Bengal & Ors.
With
CRA 718 of 2017
Biswanath Das & Ors.
Vs.
State of West Bengal & Ors.
Mr. Uday Sankar Chattopadhyay
Mr. Pinaki Chakraborty
Ms. Trisha Rakshit
Ms. Rajashree Tah
Ms. Aishwarya Datta
Ms. Bidisha Chakraborty
Ms. Sadia Parveen
... for the Appellants in all these appeals.
Mr. Madhusudan Sur, Ld. A.P.P.
Mr. Manaranjan Mahata
...for the State in all these appeals
1.The Medical Officer, Dum Dum Central Correctional Home has submitted a report dated 4 th February, 2025. The report indicates as follows:-
"MEDICAL REPORT IN RESPECT OF CONVICTED PRISONER KRISHNA GOPAL DAS, S/O LT. GOUR CH. DAS.2
Convicted prisoner Krishna Gopal Das, S/o Lt. Gour Ch. Das is suffering from "Recurrent Epigastric & Supra-Umbilical Hernia (Incisional Hernia)" since 06.02.2018. At present, the Doctors of SOPD of R. G. Kar Medical College & Hospital have planned for surgical intervention for recurrent Incisional Supra-umbilical Hernia; named Supra-Umbilical Incisional Hermioplasty. So, according to that necessary pre-anaesthetic investigations and work-up was advised.
He is also a known case of Hypertension, Renal dysfunction, Chronic, Obstructive Pulmonary Disease (COPD), Fibro-myalgia with Cervical and Lamber Spondylosis.
In the present time, he is receiving his treatment from the OPD of Nephrology, Chest-OPD, Orthopedic-OPD for his co-morbidities. Re-evaluation for fitness for surgery can be done after doing again proper baseline investigation for surgery and also PAC (Pre Anaesthetic check-up) fitness is necessary for his surgery. But, day by day the size of his Supra-umbilical incisional hernia is increasing. If in future surgery will do, it can be done with high risk consent, considering his age and renal dysfunction matter.
Thanking you,
Date: 04.02.2025 Dr. Arijit Nag
Medical Officer
Dum Dum Central Correctional Home
Reg. No. 69459 (WBMC)"
3
2. Having regard to the above and the previous medical report submitted by the R.G. Kar Medical College and Hospital and the Dum Dum Correctional Home, this Court is inclined to enlarge the appellants on interim bail for the purpose of Medical Examination, surgery, if the appellant consents to the same and his medical condition permitting such surgery and post surgical recuperation period. The interim bail shall continue for a period of 2 (two) months initially for the aforesaid purpose.
3. List the matter on 10th April, 2025, when the medical Doctors of the private or Government medical facility, shall submit a report before this Court, through the appellant himself, by way of affidavit. The permission to take the advise of a private medical facility is based on prayer made by the appellant.
4. Since the State is represented, the Correctional Home shall act on a server copy of this order.
5. Report of the Medical Officer, Dum Dum Central Correctional Home is kept with the record.
6. Since the other appellants in CRA 678 of 2017, CRA 718 of 2017 are on bail, list these two appeals along with CRA 659 of 2017 on the adjourned date.
(Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)