STATE OF MANIPUR Vs. TOKCHOM JADUMANI SINGH

JUDGEMENT

(1.) THIS revision petition under Section 397 and 401 of the Cr. P. C. read with Article 227 of the Constitution of India is directed against the order dated 11. 07. 2008 passed in Criminal Misc (Bail) Case No. 52 of 2008 by the learned Sessions Judge, Manipur West for granting anticipatory bail to the respondent Shri Thockchom Jadumani Singh, an accused in the FIR Case No. 102 (4) 2008 Thoubal P. S. under Section 121/121-A IPC and 17, 20 UA (P) A Act, 2004 for an indefinite period. For easy reference, the impugned order dated 11. 07. 2008 is quoted hereunder.

(2.) A short factual matrix which gives rise to the filing of the present revision petition is noted in brief. The O. C. , Thoubal P. S. basing on a reliable source, conducted an inquiry and in the course of such inquiry material evidences have been collected that one Shri Moirangthem Balaram @suresh Bhaiya, S/s Finance Secretary of the banned organization namely People's Liberation Army (PLA) of Khangabok, Thoubal District is a close friend of respondent Shri Thokchom Jadumani Singh of Khangabok and with the financial assistance from the fund of PLA the respondent Shri Th. Jadumani Singh has established a petrol pump at Khangabok under the name and style of "sorojini Filling Station. " It is also established on further inquiry that for opening the petrol pump a land measuring an area of 4733 hectare located just near the NH 39 at Khangabok was purchased from one Kh. Satpa and Kh. Ibomcha, sons of Kh. Angou of Khangabok Khullakpam Leikai for a consideration amount of Rs. 50,000/- vide Registration No. 472 dated 13. 6. 2003 by concealing the exact purchase amount to evade the non judicial stamp fee and registration fee. One Shri Waikhom Chandra Singh, s/o W. Manitomba Singh (the then Sub-Registrar, Thoubal) was examined in the course of the inquiry and he stated that market value of the land for the petrol pump which was purchased vide registered sale deed No. 472 dated 13. 6. 2003 would be Rs. 28,50,000/- (Rupees twenty eight lakhs fifty thousand) and he had issued valuation certificate of the said land.

(3.) BEFORE making arrest of the respondent, Shri Th. Jadumani Singh, he filed an application under Section 438 Cr. P. C. being Criminal Misc. (Bail) C Case No. 52 of 2008 in the court of Sessions Judge, Manipur West for granting pre-arrest (anticipatory) bail. On the very day of filing the said application for pre-arrest bail, the learned Sessions Judge without giving opportunity to the learned Addl. P. P. to put up the case of the prosecution and also not even taking any steps to see material evidence against the respondent/accused, Shri Thokchom Jadumani Singh, passed the interim order dated 23. 06. 2008 granting pre-arrest bail, which read as follows. :