Thounaojam Shyamkumar Singh vs State (Govt. Of Nct Of Delhi)
2010 Latest Caselaw 2941 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI


+       BAIL APPLN. 870/2010

%                                      Date of Decision:        3rd June, 2010



THOUNAOJAM SHYAMKUMAR SINGH                                       ..... Petitioner

                               Through:    Mr Ramesh Gupta, Sr. Adv. with
                                           Mr Ghanshyam Sharma, Adv.


                         versus

STATE (GOVT. OF NCT OF DELHI)                                  ..... Respondent

                               Through:    Mr Sunil Sharma, APP.



CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL

         1.        Whether reporters of local papers may be allowed
                   to see the judgment?                                   Yes.
         2.        To be referred to the Reporter or not?                 Yes.
         3.        Whether the judgment should be reported
                   in the Digest?                                         Yes.


SIDDHARTH MRIDUL, J. (ORAL)

1. This is a petition for grant of interim bail to the petitioner for a

period of two months in case FIR No. 70/2006 under Sections

18/19/20 of the Unlawful Activities (Prevention) Act, 2004, Section

120B of the Indian Penal Code (IPC) and Sections 3/9 of the Official

Secret Act read with Section 120B of the IPC, registered at Police

Station- Special Cell.

2. The petitioner is a sitting Member of the Manipur Legislative

Assembly. The petitioner was the Deputy Speaker of the Manipur

Legislative Assembly and Chairman of three Statutory House

Committees. The petitioner was elected Member of the Legislative

Assembly (MLA) while in judicial custody in the aforesaid case. The

petitioner resigned from the post of Deputy Speaker and three

Committees before he surrendered in the Court on 18th April, 2009.

3. The petitioner has availed the benefit of interim bail after his

arrest for the period from 14th March, 2007 till 18th April, 2009, i.e.,

for about two years vide various orders passed by this Court

extending his interim bail from time to time. The petitioner was again

admitted to interim bail vide order of the Sessions Judge for the

period from 7th January, 2010 to 4th February, 2010. The petitioner

was also granted interim bail for 15 days vide order passed by this

Court on 8th March, 2010. Thereafter, the interim bail granted to the

petitioner was extended till 14th April, 2010 on 5th April, 2010.

4. The petition states that riots have erupted in the State of

Manipur in which several persons have been killed and injured, in the

wake of the ban imposed by the Government of Manipur, on Naga

leader Muivah, on his proposed visit to his native village in Manipur.

The petition states that there is a civil war like situation in the entire

State of Manipur. It further states that on 6th May, 2010 the Chief

Minister of Manipur was also summoned by the Union Home Minister

to discuss the situation. It is also stated that there have been fresh

instances of violence over the Naga leader's proposed visit to Manipur

and seven Naga MLA's in Manipur have resigned protesting the

Government decision. In a nutshell there is political unrest in Manipur

because of the violence. The petition thereafter states that the

petitioner being a sitting Member of the Manipur Legislative

Assembly is required to be in Manipur among the people of his

constituency where huge public property have been damaged and

some people have died. It is also stated by the learned senior counsel

appearing on behalf of the petitioner that the Chief Minister of

Manipur has also given oral instructions to MLA's to be in their

respective constituency to help maintain peace and harmony among

people.

5. This Court vide order dated 14th May, 2010 had called for a

status report. The same has been placed on record and has been

perused by me.

6. It is seen that the petitioner is an MLA and was admitted to

interim bail on four earlier occasions as stated above and has never

misused the concession granted to him. It is further seen that the

petitioner had surrendered to custody immediately on expiry of period

of his interim bail as granted earlier.

7. In the facts and circumstances of the case, the petitioner being

a Member of the Manipur Legislative Assembly, has the constitutional

duty to be among his constituents at a time when the State and his

constituency is plagued by riots. It would go a long way if the

petitioner as an MLA assists the Government and the administration

in normalizing the situation. Therefore, it is deemed appropriate that

the petitioner be released on bail for a period of one month from the

date of his release subject to his furnishing personal bond in the sum

of Rs.50,000/- with one local surety of the like amount to the

satisfaction of the court concerned. It is made clear that if the

petitioner is found misusing the interim bail granted by this Court,

then the State may get this order revoked forthwith. The petitioner

shall surrender before the authorities on the expiry of the period of

interim bail hereby granted to him. The bail application stands

disposed of accordingly.

8. Order be given dasti under the signatures of the Court Master.

SIDDHARTH MRIDUL, J.

JUNE 03, 2010 mk