Citation : 2025 Latest Caselaw 108 Mani
Judgement Date : 24 July, 2025
Digitally signed by
KHOIROM KHOIROM
BIPINCHAN BIPINCHANDRA
SINGH
DRA SINGH Date: 2025.07.29 Clubbed with
10:16:19 +05'30'
CRL. A. No. 25 of 2023
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(CRL. A.) No. 27 of 2025
Soibam Dhanabir Singh
... Applicant
- Versus -
State of Manipur
... Respondent
B E F O R E
HON'BLE THE CHIEF JUSTICE MR. K. SOMASHEKAR
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
O R D E R
[K. Somashekar, CJ] 24.07.2025
[1] Learned counsel for the applicant, Mr. S. Rajeetchandra is
appearing through video conferencing. Whereas, learned PP for the
respondent/State, Mr. RK Umakanta, is present before this Court physically.
[2] The present miscellaneous case proceeding initiated by the
applicant is relating to the case in MC(CRL.A.) No. 27 of 2025 filed under
Section 430 read with Section 528 of BNSS, 2023 whereby seeking for
extension of interim bail which has been granted to the applicant/appellant.
[3] Heard the learned counsel for the appellant/applicant and
also learned Public Prosecutor for the State and also perused the interim bail
order dated 15.05.2024 relating to the proceeding in MC(CRIL. A.) No. 37 of
2024 for a period of 8 (eight) weeks from the date of his release, the accused
person was released from judicial custody on 20.05.2025.
Page 1|4 [4] Whereas, the learned counsel for the applicant/appellant in
this matter is seeking for extension of bail order which has already been
granted based on the materials available on record and inclusive of the
grounds which have been mentioned herein.
[5] It is further contended and also referred to the contents in
Annexure - A/1 i.e. copy of Boarding Pass dated 28.05.2025, inclusive of
Annexure - A/2 i.e. copy of the interim bail compliance letter dated
29.05.2025 addressed to the Station House Officer, Dispur Police Station and
also referring to the documents Annexures - A/3 & A/4 relating to photo
copies of medical treatment dated 29.05.2025.
[6] These documents have been produced by the learned counsel
for the applicant/appellant seeking for extension of interim bail which has
already been granted. Lastly, the learned counsel is submitting that the
applicant/appellant and even though the convicted under Section 302 of IPC,
1860 wherein, the learned counsel in this matter is submitting that the
applicant/appellant is ready to abide any condition imposed by this Court for
extension of the interim bail which has already been granted. On this
premises is also, the applicant/appellant is seeking for consideration of the
application filed under Section 430 read with Section 528 of BNSS, 2023.
[7] Whereas, the learned counsel in this matter specifically is
submitting that after expiry of the 8 (eight) weeks, the applicant/appellant
surrendered before the jail authority in time by obeying the order of this
Court. However, the learned counsel for the applicant/appellant in this
matter is seeking for consideration of the documents inclusive of medical
report; but the submission made by the learned counsel for the
applicant/appellant seeking for extension of the interim bail which has
Page 2|4 already been granted in the aforesaid appeal matter whereby, convicted
accused for offence under Section 302 of IPC, 1860, it does not have any
substance.
[8] On contrary, learned PP for the respondent/State in this
matter is submitting that the applicant/appellant filed a case in the
proceeding of S.T. No. 7 of 2017 and whereby the trial was arrived at a
conclusion rendering conviction of the accused for the offences under
Section 302 of IPC based on evidences of PW No. 1 - 6 inclusive exhibited
documents on the part of prosecution. All these evidence have been let in
by the prosecution to prove the accused and thereafter, heard the arguments
on the part of the prosecution and also on the part of defence and the Ld.
Trial Court was arrived at a conclusion that the accused is deserving for
conviction for offences under Section 302 of IPC, 1860.
[9] This submission is made by the learned PP for the
respondent/State, but the proceeding in CRL. A. No. 25 of 2023 has been
preferred by the applicant/appellant challenging the judgment of conviction
and order of sentence rendered by the Ld. Trial Court and in the aforesaid
proceeding handed in conviction for offences. Therefore, on the premises,
the learned PP in this matter is submitting that there is no justifiable grounds
found for seeking for extension of interim bail which have already been
granted and therefore, seeking for dismissal of the present application has
been filed by applicant/appellant under Section 430 read with Section 528 of
BNSS, 2023.
[10] Keeping in view of the contentious contents which have been
taken by the learned counsel for the applicant/appellant and equally, the
submission made by the learned PP for the respondent/State, it is deemed
appropriate to refer the impugned judgment of conviction and order of
Page 3|4 sentence under Section 302 of IPC and more so, the prosecution was let in
the evidence to proven the suit against the accused. Subsequent to closing
of the evidences that the Trial Court has appreciation of the evidences,
keeping in view of the provision of Section 3 of the Indian Evidence Act
relating to entrusting their case. Therefore, this bail application does not
arise for consideration, the accused was convicted for serious offences under
Section 302 of IPC. Therefore, this application is deserving for dismissal.
[11] Accordingly, this miscellaneous proceeding is hereby disposed
of.
[12] The proceeding in CRL. A. No. 25 of 2023 would be listed on
25.08.2025.
JUDGE CHIEF JUSTICE
Bipin
Page 4|4
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