NGANGOM IBOTON SINGH Vs. UNION TERRITORY OF MANIPUR

JUDGEMENT

(1.) THIS is an application filed by the petitioners under Section 498 Criminal Procedure Code to release them on bail.

(2.) THE case of the prosecution is that one Thoppa Singh of Sekta Village lodged a complaint in Lamlai Police Station in Manipur District alleging that at about 9 P.M. on 27.8.1966 the petitioners and some more persons armed with firearms, daes, lathis and other deadly weapons entered into his house to commit murder, dacoity and other offences, that he raised alarm, that on hearing the alarm the villagers rushed to the spot and surrounded the culprits and that, having no passage for their escape, the culprits opened fire continuously upon the villagers resulting in the death of one villager by name Salam Komol Singh and injuries to 3 other villagers.

(3.) THE Learned Sessions Judge states in his order that the first petitioner's name was mentioned in the F.I.R., that his name was also mentioned by 3 injured persons and that though he was arrested about one month after the occurrence, there are no grounds for releasing him on bail. But, the Learned Sessions Judge released another person whose name was also mentioned in the F.I.R. and whose name was also mentioned by some of the injured persons. So, the case of the first petitioner stands on the same footing as the case of other accused persons, who were released on bail.