Citation : 2025 Latest Caselaw 560 Mani
Judgement Date : 4 September, 2025
Item no. 163 & 164
OINAM Digitally
signed by
IN THE HIGH COURT OF MANIPUR
THOIB OINAM THOIBA
MEITEI AT IMPHAL
A Date:
2025.09.04
17:20:54 Cril. Petn. No. 30 of 2024 with
MEITEI +05'30' Cril. Petn. No. 52 of 2023
State of Manipur and Anr.
... Petitioners
- Versus -
Pukhrambam Priyobata Singh and Anr.
... Respondents
B E F O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
04.09.2025
[1] Present Mr. Y. Ashang, learned PP along with Mr. Phungyo Zingkhai, learned Dy. GA for the State petitioners in Cril. Petn. No. 30 of 2024, Mrs. A. Noutuneshwari, learned counsel for the petitioner/complainant in Cril. Petn. No. 52 of 2023 and Mr. L. Seityandra, learned counsel for the private respondent in Cril. Petn. No. 30 of 2024 & Cril. Petn. No. 52 of 2023.
[2] The present cril. petitions have been preferred by the State of Manipur as well as complainant against the order dated 31.07.2023 passed by the Ld. Additional Sessions Judge (FTC), Manipur East in Cril. Misc. (A.B.) Case No. 67 of 2023. By the impugned order, the Ld. Trial Court has confirmed the interim bail granted order dated 01.07.2023.
[3] The grounds raised by the State petitioners is that the offence is heinous one and without giving ample opportunity of PP, the Ld. Trial Court is predetermined the accused on bail and the offence are serious offence and non- bailable.
[4] Mrs. A. Noutuneshwari, learned counsel for the complainant also submits that the accused was released on bail without proper investigation in a heinous offence and as per the judgment of the Hon'ble Supreme Court in the case of Jagjeet Singh & Ors. -vs- Ashish Mishra & Ors., the victim has a right to participate even on bail hearing.
[5] Mr. L. Seityandra, learned counsel for the private respondent submits that the matter may be remanded to the Trial Court for hearing afresh, after given opportunity to the learned PP for the State, petitioners as well as counsel for the complainant.
[6] Mr. Y. Ashang, learned PP for the State petitioners and Mrs. A. Noutuneshwari, learned counsel for the complainant are agreeable to the suggestions made by the learned counsel for the private respondent.
[7] Recording the submissions made at the bar, the matter is remanded to the Court of Ld. Additional Sessions Judge (FTC), Manipur East for considering the bail afresh by giving opportunity of being heard to all the parties.
[8] With these observations, the impugned order dated 31.07.2023 making the interim bail absolute is set aside with a direction to decide the bail application i.e., Cril. Misc. (A.B.) Case No. 67 of 2023 afresh.
[9] In view of the above, the present Cril. Petn. No. 30 of 2024 and Cril. Petn. No. 52 of 2023 are disposed of accordingly.
[10] Parties are directed to appear before the Court of Ld. Additional Sessions Judge (FTC), Manipur East on 10.09.2025 for hearing of the case on merit.
[11] It is clarified that this Court does not express any opinion on the merit of the cases and offence stated herein, shall not incline the Court below.
[12] The private respondent has given liberty to approach at the Trial Court for appropriate order.
[13] The petitioners are permitted to approach Trial Court for appropriate order, till then, interim order is protected.
[14] Furnish a copy of this order to the learned counsel appearing for the parties.
JUDGE Thoiba
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