LAWS(MANIP)-2022-5-17

LAISHRAM SURESH Vs. STATE OF MANIPUR

Decided On May 24, 2022
Laishram Suresh Appellant
V/S
STATE OF MANIPUR Respondents

JUDGEMENT

(1.) In exercise of power under Sec. 437(6) Cr.P.C., the learned Judicial Magistrate First Class, Imphal West-I, Manipur, granted bail to the accused in Cril. (P) Case No.2 of 2020 {Ref: FIR No.1404 2020 on the file of Wangoi Police Station}, vide order dtd. 20/3/2021 in Cril. Misc.(B) Case No.5 of 2021. Bail was granted as more than sixty days had elapsed after the commencement of the trial and both the accused had remained in custody during that period. Aggrieved thereby, the State of Manipur filed an application under Sec. 439(2) Cr.P.C., in Cril. Misc. Case No.100 of 2021, before the learned Sessions Judge, Imphal West, to quash/set aside the bail order dtd. 20/3/2021. By order dtd. 20/11/2021, the learned Sessions Judge, Imphal West, held that the accused were not entitled to be released on bail under Sec. 437(6) Cr.P.C. and set aside the bail order dtd. 20/3/2021. Assailing the said order, the accused filed this Criminal Petition under Sec. 482 Cr.P.C. r/w Sec. 439 Cr.P.C.

(2.) By order dtd. 26/11/2021, this Court suspended paragraph No.22 of the impugned order dtd. 20/11/2021 till the next date. Thereby, the learned Sessions Judge had directed the accused to surrender before the Trial Court within one week, i.e., by 26/11/2021. The interim order was extended thereafter from time to time. The last such extension was on 15/3/2022, operative till 11/4/2022. However, the accused are admittedly still at large as on date.

(3.) Heard Mr. M.Gunedhor Singh, learned counsel for the petitioners/ accused; and Mr. M.Rarry, learned Special PP, appearing for the respondent.