Manipur High Court
Achoibam Deben Singh vs Officer In Charge on 29 February, 2024
Item. 20
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
AB No. 47 of 2023
Achoibam Deben Singh
...Petitioner/s
- Versus -
Officer in Charge, City Police Station
...Respondent/s
B E F OR E
HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU
29.02.2024
[1] Heard Mr. N. Jotendro, learned senior counsel assisted by
Md. Abdul Baqee Khan, learned counsel appearing for the petitioner and
Mr. M. Devenanda, learned Addl. AG assisted by Ms. N. Jyotsana, learned
counsel appearing for the State respondent.
[2] The present petition is filed by the petitioner u/s 438 of the
Cr.P.C, 1973 praying for releasing the accused/petitioner on bail in the
event of his arrest made by the Police personnel of City Police Station,
Imphal West in connection with FIR No. 62(10)2023 City P.S. u/s
147/149/188/353/325 IPC later added section 307/332/511 IPC on the
ground that the petitioner shall co-operate with the investigation carried
out by the Police personnel of the City Police Station, Manipur and shall
abide by the condition/conditions imposed by the Hon''ble Court under
relevant provisions of the Section 438 Cr.P.C, 1973.
[3] In the course of hearing, it is admitted by both the learned
counsel for the parties that the accused/petitioner is co-operating with the
I.O of the case and appears before the I.O of the FIR case and his
statement was already taken and recorded.
[4] Mr. N. Jotendro, learned sr. counsel for the petitioner
undertook to make the accused/petitioner appear either before the Trial
Court or the I.O of the FIR case as and when required to do so.
[5] Mr. M. Devananda, learned Addl. AG objected to the prayer
to make the interim order absolute and relying upon the following Hon'ble
Supreme Court's judgment in support of his case;
1. (2012) 4 SCC 379; para No. 19.
2. (2018) 7 SCC 731; para No. 6.
[6] Gone through the petition of the petitioner and counter
affidavit filed by the State respondent and also the impugned judgment
and order dated 27.10.2023 passed in Cril. Misc. (AB) No. 75 of 2023 by
the learned Sessions Judge, Imphal West.
[7] Since both the learned counsel for the parties admitted that
the accused/petitioner are co-operating with the investigation of the FIR
case and since the learned counsel for the petitioner undertook to make
the appearance of the accused/petitioner whenever required either before
the Trial Court or the I.O. of the FIR case, the interim bail order dated
31.10.2023 passed is made absolute and the accused/petitioner is
directed to furnish a PR bond of Rs. 1,00,000/- (Rupees One Lakh) only
with a surety of like amount to the satisfaction of the I.O of the FIR case
with direction that the accused/petitioner should not leave the State of
Manipur without prior permission from the Court and should co-operate in
the investigation of the FIR case and appear before the I.O of the
FIR case and before the Trial Court as and when required, if any of
conditions is violated by the petitioner, the respondents police are at liberty
to approach this Court for cancellation of bail.
[8] Accordingly, the present Anticipatory Bail No. 47 of 2023 is
disposed of.
[9] Copy of this order may be furnished to the learned counsel
for the parties.
[10] Send an extract copy of this order to the Trial Court.
JUDGE
Lucy
LUCY by LUCY
GURUM Date:
2024.03.01
AYUM 16:43:23
+05'30'
