Manipur High Court
Rangnamei Rang Peter vs Superintendent Of Police on 25 October, 2023
KABORAMB Item - 3-4
AM LARSON
Digitally signed by
KABORAMBAM LARSON IN THE HIGH COURT OF MANIPUR
Date: 2023.10.25
15:25:20 +05'30' AT IMPHAL
AB No.41 of 2023
RANGNAMEI RANG PETER
....Petitioner/s
- Versus -
SUPERINTENDENT OF POLICE, CI.D. (CB) MANIPUR / O.C., CB AND 2
OTHERS
...Respondent/s
With Cril.M.C. No.28 of 2023
BEFORE
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
25.10.2023
[1] Heard Mr. Ajoy Pebam, learned counsel for the petitioner.
[2] It is submitted that the petitioner is an IAS Officer presently
posted as Deputy Commissioner, Kamjong and during the relevant time,
he was CEO of ADC, Senapati. On the basis of Complaint Case No.5 of
2020 initiated by Manipur Lokadalat, FIR No.5(09)2023 CB-PS U/S 7(b)/13
PC Act and Section 120-B/34 IPC was registered in which the petitioner is
accused No.4. The FIR is regarding financial mismanagement in the ADC,
Senapati. It is stated that the petitioner has no role and he was
performing duty as per rule and as directed by the higher authority.
[3] Issue notice to the petition as well as to the Misc.Case.
[4] Mr. M. Rarry, learned Sp.PP appears and accepts notice on
behalf of respondent Nos.1 & 2. Hence, no formal notice is required with
regard to these respondents.
[5] The petitioner/applicant is directed to take steps with respect to
respondent No.3 in the petition as well as the Misc.Case by dasti
returnable on 31.10.2023.
[6] Mr. Ajoy Pebam, learned counsel for the petitioner submits that
in similar matter arising out of the same FIR, i.e., AB Nos. 32, 33 & 34 of
2023, the petitioner who is an elected MLA and one of the members of the
ADC, Senapati, has been granted interim protection by this Court and
prays for similar relief for the present petitioner also as he is a
Government servant and if he is arrested in the course of the
investigation, he may be liable for suspension and facing disciplinary
proceeding.
[7] Mr. M. Rarry, learned Sp.PP draws the attention of this Court to
the judgment of Hon'ble Apex Court in the case of Sushila Aggarwal vs.
State of NCT, Delhi reported as (2020) 5 SCC 1 Para 85.2 and the
judgment in P. Chidambaram vs. Directorate of Enforcement
reported as (2019) 9 SCC 9 Para 72 to 79 where the Hon'ble Apex
Court laid down the principle that even for the interim protection in
economic offences, the prosecution has to be heard before granting
limited interim bail.
[8] Mr. M. Rarry, learned Sp.PP also highlighted that the
investigating authority is facing very difficult situation in the investigation
as limited interim protection was granted to the accused who are high
profile officials and prays that interim may be granted only after hearing
the true facts of the case.
[9] Mr. Ajoy Pebam, learned counsel for the petitioner submits that
in the same FIR, other accused persons have been granted interim
protection by this Court and the petitioner is also entitled to the same
protection.
[10] Considering all these facts, it is hereby ordered that if the
petitioner is arrested by the police in connection with FIR No.5(09)2023
CB-PS U/S 7(b)/13 PC Act & 120-B/34 IPC before the next date of
hearing, he shall be released on bail on his furnishing a bail bond of
Rs.50,000/- (Rupees fifty thousand) with one surety (Government
employee) to the satisfaction of the Arresting Authority. It is also made
clear that the petitioner should co-operate with the investigation and he
should make himself available for interrogation by the I.O. of the case in
connection with the said FIR as and when required. The petitioner should
not leave the State of Manipur without prior permission of the Arresting
Authority. It is further made clear that if the petitioner violates any of the
conditions given hereinabove, the respondents are at liberty to approach
this Court for modification or cancellation of this interim order.
[10.1] It is made clear that granting interim protection to the accused
person/petitioner cannot be used as blanket during the course of
investigation by the petitioner.
[11] List these cases on 31.10.2023 along with AB No.36 of 2023
before the roster Court.
[12] Furnish a copy of this order to the learned counsels appearing
for the parties.
JUDGE
- Larson
