Manipur High Court
Leishangthem Dilip Singh vs State Of Manipur on 18 October, 2021
KABORAMBAM
SAPANA CHANU
Digitally signed by
KABORAMBAM SAPANA
CHANU
Date: 2021.10.18 14:02:04
+05'30' Item No. 1
(Through video conferencing)
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
Crl. Rev. P. No. 17 of 2021
Leishangthem Dilip Singh
.... Petitioner/s
- Versus -
State of Manipur.
.... Respondent/s
BEFORE
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
18.10.2021
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
Cril. Rev. P. No. 17 of 2021 Page 1
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
Cril. Rev. P. No. 17 of 2021 Page 2
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;
Cril. Rev. P. No. 17 of 2021 Page 3
(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.
JUDGE
Sapana
Cril. Rev. P. No. 17 of 2021 Page 4
