High CourtsSingle Bench(2023) 10 MAN CK 0040

Soibam Jaminikanta Singh & 4 Ors vs Officer-in-Charge, Thoubal Police Station & 4 Ors

Manipur High Court · Decided on 25 October 2023

HON’BLE JUDGES
A. Guneshwar Sharma, J
CASE NUMBER
Anticipatory Bail No. 40 Of 2023, Criminal Miscellaneous Case No. 26 Of 2023

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Judgment

11 paragraphs · 451 words

A. Guneshwar Sharma, J

[1] Heard Ms. Th. Ranjita, learned counsel for the petitioner.

[2] The 5 (five) petitioners and 2 (two) others are accused in FIR No. 161(8) 2023 TBL PS U/S 448/427/380/325/384/34 IPC. There is connected FIR i.e. FIR No. 84(04) 2023 TBL-PS U/S 326 & 302 IPC against the family of the complainant.

[2] Vide order dated 13.10.2023 in Cril.Misc.(AB) Case No. 65 of 2023, the Ld. Sessions Judge, Thoubal rejected the anticipatory bail application preferred by the present 5 (five) petitioners and 2 (two) other petitioners on the ground that the petitioners and others were not co-operating with the investigation and they were concealing the facts of the case. Vide order dated 20.10.2023 in AB No. 39 of 2023, this Court issued notice and granted anticipatory bail to 2 (two) more accused and the remaining 5 (five) accused who are petitioners herein approached this Court by way of the present petition being AB No. 40 of 2023 praying for the similar relief.

[4] Issue notice.

[5] Mr. Y. Ashang, learned PP accepts notice on behalf of respondent Nos. 1 & 3. Hence, no formal step is required to be taken with respect to these respondents.

[6] Petitioners are directed to take steps with respect to respondent Nos. 2, 4 & 5 by speed post, returnable on 27.11.2023.

[7] Ms. Th. Ranjita, learned counsel for the petitioners, submits that interim order may be granted to the petitioners as they have been falsely implicated in the present case and in fact, one of the family members of the petitioner died in sudden fight between the brothers due to the property dispute.

[8] Considering this matter, it is directed that in case of arrest of the petitioners in connection with the said FIR during the pendency of the present petition, the arresting authority is directed to release the petitioners by furnishing a bail bond of Rs. 50,000/- (Rupees fifty thousand) only with one surety of the like amount to the satisfaction of the arresting authority. It is made clear that the petitioners should cooperate fully with the investigation in connection with the said FIR and that they should not leave the State without permission of the arresting authority and if the petitioners violate any of the conditions mentioned above, the respondents are at liberty to approach this Court for modification and cancellation of this interim order. It is further made clear that the interim order is valid till the next date.

[10] List this case before the roster bench on 27.11.2023 along with AB No. 39 of 2023.

[11] Furnish a copy of appearing for all the parties during this order to the learned counsel the course of the day.