POTSANGBAM WANGBA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. P. Tomcha, learned counsel appearing for the petitioners and Mr. R.S.Reisang, learned senior P.P. appearing for the State.

(2.) THIS is the second pre -arrest bail application under section 438 Cr.P.C., first of which was filed before the learned Sessions Judge, Manipur East, which was dismissed. The learned Sessions Judge, Manipur East, while dismissing the first application under section 438 Cr.P.C. observed as follows: -

(3.) BEING apprehensive of being arrested in the said case, the petitioners approached the learned Sessions Judge, Manipur East by filing Cril. Misc. (AB) Case No. 140 of 2013. Learned Sessions Judge, on considering the materials, rejected the bail application as mentioned above. The learned counsel for the petitioners have contended before this Court that this is a simple case of recovery of money and ingredients of Section 420 IPC are not made out and as such, the petitioners are entitled to be released under section 438 Cr.P.C.