Sharangthem Priyoranjan Singh ... vs The Inspector Of ...
2023 Latest Caselaw 152 Mani

                        IN THE HIGH COURT OF MANIPUR
                                    AT IMPHAL
                           Bail Application No. 3 of 2023

         Sharangthem Priyoranjan Singh aged about 47 years S/o Late Sh.
         Ananda Singh of Wangjing Hodamba Awang Leikai, P.O. Wangjing
         P.S. Thoubal District Thoubal District Manipur-795148.

                                                           ...... Petitioner/s
                                          - Versus -

         The Inspector of Police/Officer-in-Charge (OC), Nongpok Sekmai
         Police Station.
                                                           ........Respondent/s

B E F O R E HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA

For the petitioner :: Mr. B. Prem Sharma, Advocate For the respondents :: Mr. H. Samarjit, PP for the State.

      Date of hearing                ::       31.03.2023
      Date of Judgment and Order ::           11.04.2023

                        JUDGMENT AND ORDER (CAV)


[1]             The present bail application is filed by accused No. 2 who was

arrested on 15.12.2022 in connection with FIR No. 17(2)2022 NSK P.S. u/s

20/17 UA (P) A Act & 25 (IB) Arms Act/34/IPC. Vide order dated

17.01.2023 in Cril.Misc.(B)Case No. 434 of 2022, the Ld. Special Judge

(NIA), Thoubal, Manipur rejected the bail application as there was prima

facie material against the accused person, as ammunitions were seized

from him and he along with the co-accused had served demand

Page 1 letters/extortion letters on behalf of the Military Council, KCP-MC to the

general public.

[2] The brief fact of the case is that on 16.12.2022 at 12:05 am

the complainant namely HC Kh. Rambai Singh of CDO Unit Thoubal

reported to OC/NSK-PS stating that, on 15.12.2022 at around 7:30 pm

received a reliable information that some active members of KCP (MC)

unlawful organization are loitering in and around Langmeithet area for their

prejudicial activities like extortion of money from the public in Thoubal

District. Acting on the information a team of CDO Unit Thoubal led by Mr.

Okramcha Wangkhomba, MPS, Addl. SP (Ops) Thoubal and assisted by

Inspt. K. Nitaranjan Singh, OC/CDO Thoubal Unit, Thoubal District and

Hav. L. Robindro Singh under the supervision of Shri Jogeshchandra

Haobijam, IPS, SP/Thoubal immediately rushed to the said area and

conducted frisking and checking while conducting frisking and checking

one unknown was seen coming from Langmeithet Mamang Leikai side

towards Salungpham side in a very suspicious manner. Due to his

suspicious nature, the unknown person was detained for verification. On

his body search was found the the following items (i) 2 (two) deand letters

heading written as Military Council KCP-MC (ii) one Redmi Note 10 mobile

handset along with 2 (two) Jio Sim cards bearing mobile Nos. 9366697976

and 7005591036 and (iii) on Kechaoda mobile handset along with one

Airtel Sim card bearing mobile no. 8798653354. On preliminary verification,

he identified himself as Soibam Bidyasagar Meitei @ Pakpa (38) S/o S.

Page 2 Ibohal Meitei of Wangjing Hodamba Leikai a member of the banned

outlawed KCP(MC) organization. He disclosed that he has been working

under the command of one Sharangthem Priyoranjan Singh of Wangjing

Hodamba Mamang Leikai. Further, he revealed that he along with

Sharangthem Priyoranjan Singh served demand letters to the M/S CWE

Brick Field Langmeithek, Thoubal District. Hence, he was arrested at 09:00

pm of 15.12.2022 from Langmeithek Mamang Leikai by observing

formalities. On follow up action, Sharangthem Priyoranjan Singh (47) S/o

(L) S. Ananda Singh of Wangjing Hodamba Mamang Leikai was arrested at

10:30 from his house at Wangjing Hodamba Mamang Leikai by observing

formalities. On his body search one Redmi Note 11 Pro+ 5G along with 2

(two) SIM cards bearing mobile no. 93666087383 and 8118925174 and 2

(two) live round ammunition i.e. 7.62 mm and 5.56 mm ammunition

recovered from his possession and seized by observing formalities. The

arrested persons along with the seized articles have been handed over to

OC/NSK-PS for taking further necessary legal action against them. Hence,

the case and investigated into.

[3] The accused persons were remanded into police custody for a

period of 6 (six) days w.e.f. 16.12.2022 to 21.12.2022 by the Court of

Hon'ble JMFC/Thoubal. During the police custody period, the accused

persons were interrogated thoroughly and minutely and also recorded their

statement U/S 161 Cr.P.C. On interrogation, the accused person namely,

Soibam Bidyasagar Meitei @ Pakpa (38) yrs. S/o, S. Ibohal Meitei of

Page 3 Wangjing Hodamba Leikai revealed that, in the month of August 2022 he

and Priyoranjan were having local liquor at one meat vender located at

Heirok. After having liquor, they came out from vender and went to their

local ground and they talked there about the money i.e. refunded the

borrowed money from his parental aunty a sum of Rs. 5 lakhs and

Priyoranjan also borrowed a sum of Rs. 13 Lakhs from their colleague for

treatment of his cancer patient father. Later they discussed how to get

money easily. Then, the accused No. 2 took out his mobile phone and

shown him a MNRF demand letter from his mobile phone whatapp group

and he suggested Bidyasagar to print out the same demand letter and

modification some words from the demand letter and printed out new

demand letters. Then, delivering the new demand letter in the name of

KCP(MC) outfit ton one CWE Brick Field located at Langmeithek and

demand a sum of Rs. 3 lakhs only. In the secdond week of November,

2022, Mr. Priyoranjan printed out two demand letters from his mobile

phone after modification of some words and also making two seal of

KCP(MC).

[4] It was also stated by the said Soibam Bidyasagar Meitei @

Pakpa that on 30.11.2022 at around 6:15 pm Mr. Priyoranjan came to his

local paddy field and meet him there then he took out 5/6 demand letters

and one demand letter were signed by him and Priyoranjan. Later they

went to CWF Brick Field located at Langmeithek by an Activa Scooter

driven by him and reached at the CWF brick field and delivered the

Page 4 demand letter to the mohori of the said brick field. In the first week of

December, he and Priyoranjan went to Heirok viz. Salungpham inter village

road by an activa Scooter, then they two stopped Activa Scoter on the road

side and Priyoranjan took out one blank demand letter and also returned

demanded wording by his (Priyoranjan) owned hand to CWF Brick Field

and demanded a sum of Rs. 3 lakhs. On the same day at about 7:00 pm

they went to CWF Brick Field by Activa and reaching at the gate of the said

Brick Field they get down from the Activa. Later, Priyoranjan gave him one

AK ammunition and one Insas Rifle ammunition further told him that to

hand over the same live ammunition to the mohori but Mohori was not

found, they found one staff of the Brick Field Priyoranjan gave one demand

letter to the staff of the Brick Field and he (Bidyasagar) also gave one

demand letter to the staff of the Brick Field and he (Bidyasagar) also gave

the ammunition. Further, Priyoranjan told to the staff of the said Brick Field

to contact them within 48 hrs. about extortion money. On the next day

morning at about 4:50 am he and Priyoranjan went morning working in that

time, they burnt the remaining demand letters and sealed of KCP (MC) at

their local paddy field.

[5] It is stated that the petitioner is not involved in the case, there

is no material against him and he is a Rifleman in the Indian Reserve

Battalion under Manipur Police. It is also stated that he joined the Manipur

Police Service in the year, 2007 and there is no adverse remark and he is

not involved in any criminal record till date. He has been undergoing

Page 5 treatment of O.C.D. (Obsessive Compulsive Disorder) and has been

undergoing for different ailments at different Clinics, Imphal. The petitioner

is not the main accused. The petitioner appeared before the Thoubal PS as

instructed by SP, Thoubal. He appeared before the OC, Thoubal PS along

with the Pradhan but he was wrongly arrested on accusation of false

charge of sending demand letter in the name of unlawful organization,

namely KCP-MC. It is also stated that he was not arrested from his house

but he was arrested at the Thoubal P.S. When the petitioner appeared

before the OC, Thoubal PS, he has no arms and ammunitions and he was

wrongly implicated in the case. It is prayed that he may be released on bail

and he is ready to furnished bail bond and he is the only member of his

house.

[6] The respondent filed counter affidavit and stated that the

petitioner is involved in extortion of money on behalf of the KCP-MC along

with the co-accused and he was sending demand letter to M/S CWE Brick

Field Langmeithek, Thoubal District. On interrogation, co-accused revealed

that he and the present petitioner conspire to serve demand letter on behalf

of MNRF and sent demand letter.

[7] Heard Mr. B. Prem Sharma, learned counsel for the petitioner

and Mr. H. Samarjit, learned PP for the State respondent.

[8] Mr. B. Prem Sharma, learned counsel for the petitioner,

submits that there is no material against the petitioner and he being a

Page 6 Police Personal, such allegation against him is unbelievable. The Ld.

Special Court (NIA), Thoubal has also misconstrued the total facts of the

case and wrongly rejected his bail application. During the course of

hearing, Mr. B. Prem Sharma, learned counsel for the petitioner, has

produced a copy of the order dated 17.03.2023 passed by the Special

Judge (NIA), Thoubal in Cril.Misc.(B)Case No. 135 of 2023 where the co-

accused was granted default bail under Section 43-D of UA(P) A. Act and

Section 437 Cr.P.C. as charge-sheet could not be filed within 90 days. He

prays that the same parity may be given to the present petitioner, who is

accused No. 2 in the case.

[9] Mr. H. Samarjit, learned PP for the State respondent, submits

that the present petitioner is a police personal who is involved in unlawful

activities along with the co-accused and this Court should take serious view

of the matter and no substantial ground has been stated by the petitioner

except for stating that he is a police personal. Regarding the submission

that the co-accused has been released by the trial court on default bail,

learned PP reiterates that the petitioner may approach the Special Court

for similar relief and this Court is examining the consideration of bail on

merit.

[10] Perused the materials on record, rival submissions and

including default bail to the co-accused.

Page 7 [11] In the present case, learned counsel for the petitioner has not

been able to substantiate his submission except for the plea that the

petitioner is a police personal and he is not expected to take part in illegal

activities. However, the record shows otherwise. He was arrested in

possession of demand letter in the name of unlawful organization along

with ammunitions. This Court is not inclined to release the accused on bail

exercising power under Section 439 Cr.P.C.

[12] Accordingly, bail application is rejected. No cost. However, the

petitioner may approach the learned Special Judge (NIA), Thoubal,

Manipur for default bail, if advised so.

                                                            JUDGE



FR/NFR
joshua

                 KH.      Digitally signed by
                          KH. JOSHUA
                 JOSHUA   MARING
                          Date: 2023.04.11
                 MARING   16:08:59 +05'30'




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