Ng. Toroni & Anr vs State Of Manipur
2021 Latest Caselaw 198 Mani

                                                                    Item No. 5
                                                             (Through video conferencing)

          Digitally
  LHAINE signed by             IN THE HIGH COURT OF MANIPUR
  ICHON LHAINEICHON
         G HAOKIP
  G      Date:
         2021.09.14
                                         AT IMPHAL
  HAOKIP 14:16:04
         +05'30'


                                      Crl. Rev. P. No. 15 of 2021
Ng. Toroni & Anr.
                                                                      .... Petitioner/s
                                              - Versus -

State of Manipur
                                                                    .... Respondent/s

BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 14.09.2021

[1] Heard Mr. P. Praveen Kumar, learned counsel appearing for the

petitioners and Mr. H. Samarjit, learned PP appearing for the respondent.

[2] The present Criminal Revision Petition had been filed with a prayer for

modifying the order dated 26.07.2021 passed by the Ld. Special Judge

(ND&PS), Thoubal in Cril. Misc.(Bail) Case No. 118 of 2021 with regard to the

condition imposed by the Court while granting default bail/statutory bail under

section 167(2) Cr.P.C. to the petitioners.

[3] The learned counsel appearing for the petitioners submitted that while

granting default bail/statutory bail to the petitioners under section 167(2)

Cr.P.C., the learned Special Judge (ND&PS), Thoubal had ordered for

release of the petitioners on their furnishing PR and SB of Rs. 1,00,000/-

(Rupees One Lakh Only) each with the condition that surety has to be a

gazetted officer and that out of the surety amount of Rs. 1,00,000/- (Rupees

One Lakh Only) Rs. 50,000/- (Rupees Fifty Thousand Only) is to be deposited

in cash.

          Crl.Rev.P. No. 15 of 2021                                              Page 1
 [4]    It has also been submitted that as the petitioners are very poor people

and are not in a position to comply with such conditions imposed upon them

by the Special Judge, ND&PS, Thoubal, they are still languishing in Manipur

Central Jail, Old Lambulane and that imposition of such extraneous condition

while granting default/statutory bail to the petitioners amounts to deprivation

of their indefeasible right to bail provided under section 167(2) of the Cr.P.C.

[5] The counsel for the petitioners further submitted that the present case

is squarely covered by the Judgment and order dated 28.01.2021 passed by

this Court in Cril.Rev.Petn. No. 7 of 2020 and the present revision petition can

be disposed of in the light of the aforesaid judgment and order.

[6] 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 aforesaid judgment and order dated 28.01.2021 passed by this Court in

Cril. Rev. Petn. No. 7 of 2020 by imposing the same conditions as contain at

para 8 of the aforesaid judgment and order.

[7] In the aforesaid judgment and order dated 28.01.2021 passed by this

Court in Cril. Rev. Petn. No. 7 of 2020, by relying on an earlier order passed

by this Court as well as by relying on the judgment dated 15.10.2020 passed

by the Apex Court in Cril. Appeal No. 681-682 of 2020, it has been held that

while releasing an accused on default/statutory bail under section 167(2)

Cr.P.C., the condition imposed on the accused for depositing certain amounts

for their released on bail is not permissible.

[8] In view of the submissions made by the counsel for the parties and

after perusal of the records, the present revision petition is allowed and

Crl.Rev.P. No. 15 of 2021 Page 2 consequently, the impugned order dated 26.07.2021 passed by the Special

Judge ND&PS, Thoubal in Cril. Misc.(B) case No. 118 of 2021 is modified to

the extent of imposing conditions while granting bail to the present petitioners.

The present petitioners shall be released on bail on the following terms and

conditions:-

(i) The petitioners shall be released on bail subject to their

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 sthe 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.

[9] With the aforesaid directions, the present petition is disposed of.

                                                       JUDGE

       Lhaineichong




       Crl.Rev.P. No. 15 of 2021                                          Page 3