Manipur High Court
Usham Ongbi Tampakleima Leima vs State Of Manipur on 1 March, 2024
KABORAMBAM SANDEEP SINGH Digitally signed by KABORAMBAM SANDEEP SINGH
Date: 2024.03.05 11:54:05 +05'30' 1
Item No. 32
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(Crl.A.) No. 5 of 2024
Ref:- Crl. A. No. 17 of 2022
Usham Ongbi Tampakleima Leima
Petitioner
Vs.
State of Manipur
Respondent
BEFORE
HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL
01.03.2024
Heard Mr. T. Rajendra, learned senior counsel, appearing on behalf of
the petitioner and Mr. RK Umakanta, learned PP, appearing on behalf of the State
of Manipur.
The present application although filed under the provision of Sections
439 and 482 of the Cr.P.C., 1973; is essentially an application under Section 389
Cr.P.C., 1973; seeking release of Shri Usham Roben Singh, aged about 48 years,
S/O Late U. Nabachandra Singh of Taothang Mamang Leikai, P.O. & P.S. Lamsang,
Imphal West District, Manipur, the appellant, on interim bail for a period of 10 (ten)
days from 11.03.2024 to 20.03.2024, so as to enable him to arrange and participate
in the marriage of his eldest son, Usham Rohit Meitei, which is scheduled to take
place on 13.03.2024 at 1 PM at Taothong Ayungba Mamang Leikai.
Mr. RK Umakanta, learned PP, appearing on behalf of the State fairly
concedes that Usham Rohit Meitei, S/o Usham Roben Singh, the appellant, is
scheduled to get married on 13.03.2024 at 1 PM at Taothong Ayungba Mamang
Leikai.
It is further an admitted position that the functions in relation to the
imminent marriage are scheduled to commence from 13.03.2024 and conclude on
the 19.03.2024.
Mr. T. Rajendra, learned senior counsel, appearing on behalf of the
appellant states that the appellant was on bail during the trial; duly surrendered
upon the rendering of the judgment and order dated 31.10.2022 of the Ld.
Additional Sessions Judge (FTC) for Crime Against Women, Manipur in Sessions
Trial (CAW) Case No. 23 of 2018, convicting him.
It is not the prosecution's case that the applicant is a flight risk or that
he will not be available at the hearing of the appeal instituted by him against the
impugned order of conviction dated 31.10.2022 and order of sentence dated
14.11.2022.
In view of the foregoing, in the interest of justice, it is considered
appropriate to permit the appellant to discharge his duties as the father of the
bridegroom at latter's marriage ceremonies and be with the extended family in their
time of joy.
Accordingly, the application is allowed and the sentence awarded to
Shri Usham Roben Singh, the appellant, is suspended for a period of 10 (ten)
days i.e. 11.03.2024 to 20.03.2024. The appellant is enlarged on bail subject to the
following terms and conditions :-
(i) the petitioner is ordered to be enlarged on interim bail subject
to furnishing a personal bond of Rs.50,000/- (Rupees Fifty
Thousand) with two local sureties each of the like sum to the
satisfaction of the concerned trial Court;
(ii) He shall furnish his mobile telephone number at the time of
his release to the jail authorities as well as the concerned
police station SHO, Lamsang Police station and undertake
to keep the said mobile telephone operational, during the
entire period of enlargement on bail.
(iii) He shall not leave the jurisdiction of Imphal West District
during the period of suspension of sentence and
enlargement on interim bail.
(iv) He shall surrender to the jail authorities without any
demur, at the expiry of the period of interim bail.
Accordingly, the application is allowed and disposed of.
Registry is directed to issue copies of this order to learned counsel
appearing on behalf of the parties; to the concerned trial court for information and
necessary action as well as the jail authorities.
CHIEF JUSTICE
Sushil
