Leishangthem Dilip Singh vs State Of Manipur

Ahanthem Bimol Singh, J

(Through video conferencing)

Heard Mr. HS Paonam, learned senior counsel appearing for the petitioner and Mr. H. Samarjit, learned PP appearing for the respondent.

The present petition had been filed with a prayer for modifying the order dated 24.08.2021 passed by the learned Special Judge (ND & PS), Thoubal in Cril. Misc. (B) case No. 124 of 2021 with regard to the condition imposed by the Court while granting statutory bail under section 167 (2) CrPC to the petitioner.

It has been submitted by the learned senior counsel appearing for the petitioner that the petitioner was arrested on 11.02.2021 by the Police personnel of Wangoo Police Station in connection with FIR No. 02 (02) 2021 WNG-PS U/S-21 (c)/29 ND & PS Act and the petitioner has been remanded to judicial custody. When the statutory period of detention of the petitioner as provided under section 167 (2) of the CrPC expired on 17.08.2021, the petitioner approached the learned Special Judge (ND & PS), Thoubal, Manipur by filing a bail application and the learned Special Judge allowed the said bail application and order for releasing the petitioner on bail with certain conditions as contained in its order dated 24.08.2021. The conditions imposed by the learned Special Court are as under:-

"Hence, it is hereby ordered that the accused L. Dilip is admitted to bail on his furnishing PR and SB of Rs 1 lakh each and that he is directed to deposit Rs 50000/- out of the SB and that the surety has to be a government gazette officer. The accused is also directed to abide by the following conditions:-

1) He shall no commit similar offences, while on bail.

2) He shall not hamper PWs.

3) He shall co-operate with the I.O.

4) He shall not leave the State without permission of the Court.

5) He shall furnish a copy of his identity card.

Cril. Misc (B) Case No. 124/2021 stands allowed."

It has been submitted by the learned senior counsel appearing for the petitioner that the present petitioner is a very poor person and is not in a position to comply with such extraneous conditions of furnishing PR and SB of Rs. 1,00,000/- (one lakh) each with a government gazette officer as surety and depositing of Rs. 50,000/- (fifty thousand) as imposed by the learned Special Court. Hence, the present petition had been filed with a prayer for modifying such conditions. It has also been submitted that because of such conditions being imposed by the learned Special Judge and as the petitioner is not in position to comply with such conditions, he still linguising in jail and that imposition of such extraneous conditions while granting statutory bail amounts to deprivation of the petitioner's indefeasible right to bail provided under section 167 (2) of the CrPC. Lastly, it has been submitted by the learned counsel that the present case is squarely covered by various judgments and orders passed by this Court in similar cases and that the present revision petition can be disposed of in the light of the said judgment and order passed by this Court.

Mr. H. Samarjit, learned PP appearing for the respondent fairly submitted that the present revision petition can be disposed of in the light of the judgments and orders passed by this Court, which are enclosed as Annexure-A4 (Colly) to the present revision petition, and by imposing the same conditions as contained in the said judgments and orders.

In the aforesaid judgments and orders relied on by the petitioner, it has been held that while releasing an accused on statutory bail under section 167(2) CrPC, the conditions imposed upon accused persons for depositing certain amounts for their release on bail is not permissible.

In view of the submissions made by the learned counsel appearing for the parties and after perusal of the record of the present case, this Court is of the considered view that the order dated 24.08.2021 passed by the learned Special Judge (ND & PS), Thoubal in Cril. Misc (B) case No. 134 of 2021 needs to be modified to the extent of imposing conditions while granting bail to the present petitioner. Accordingly, it is hereby ordered that the petitioner shall be released on bail on the following terms and conditions:-

(i) The petitioners shall be released on bail subject to his furnishing PR bonds to the satisfaction of the Special Judge, ND & PS, Thoubal;

(ii) The petitioners shall co-operate with the investigating agency and shall report to the concerned police station as and when called for investigation/interrogation;

(iii) On non-cooperation, the consequences including the cancellation of the bail shall follow, for which it is open to the police to move appropriate application before the Special Court, ND & PS, Manipur;

(iv) The petitioners shall not leave the State of Manipur without the leave of this Court.

With the aforesaid directions, the present petition is allowed.

A copy of this order be furnished to the counsel appearing for the parties through their whatsapp/email.