JOHN v. State of Manipur

BEFORE HON’BLE MR. JUSTICE M.V. MURALIDARAN For the Petitioner : Mr. N. Mahendra, Adv. For the Respondents : Mr. H. Samarjit, PP. Date of order :

12.07.2022 JUDGMENT & ORDER (Oral) [1] There are 10(ten) petitioners in number had approached this Court and filed this anticipatory bail application seeking grant of pre- arrest bail to them in FIR 20(7) 2019 WGI PS on the file of the respondent police. [2] Mr. Mahendra, learned counsel for the petitioners argued that these petitioners are young students/persons studying in under graduate course Mayai Lambi College, Yumnam Huidrom Imphal West 4 district. He further argued that these petitioners are the office bearers of the Mayai Lambi College Students’ Union for the year 2018 and 2019. A complaint has been lodged by the Principal of Mayai Lambi College, Yumnam Huidrom Imphal West district on 25.07.2019 against 11(eleven) persons and including these petitioners and based on that an FIR No.20(7) 2019 under Section 420/463/34 IPC has been registered against 11(eleven) persons including the present petitioners. Based on the registration of the FIR the accused No.1 by namely Md. Sahid has been arrested in connection with the investigation of the FIR by the police on 25.07.2019 and the remaining are the petitioners herein. [3] The case of the petitioner is that the said college authority has detected admission by about 700(seven hundred) students in the said college through fake pay in slips in the name of the Manipur Rural Bank Hiyangthang Branch. It is further alleged that on the basis of the complaints by the affected students, it has been the handiwork of the accused persons by naming them in the FIR. Based on the registration on 26.07.2019, the respondent police searching these petitioners for arrest. On the apprehension of the arrest by the respondent police, 5 these petitioner were approached the learned Sessions Judge, Imphal West on 30.07.2019 and they filed Cril.Misc.(AB) case seeking for anticipatory bail which was dismissed on 30.07.2019. Therefore, they approached this Court and filed this present anticipatory bail before this Court. [4] Mr. Mahendra, learned counsel for the petitioners further submitted that these petitioners are innocent being the office bearer of the Students Union and they have been falsely implicated in the case and there is no iota of evidence for justifying the false implication, naming and registration of FIR against these petitioners. Therefore, he prayed this Court to grant anticipatory bail to these young petitioners and the petitioners are ready to abide by any stringent conditions to be imposed by this Court for granting pre-arrest bail. [5] Mr. H. Samarjit, the learned PP strongly opposing for granting of anticipatory bail. Though the petitioners but involvement in this case and the offences are serious in nature. [6] Though the respondents have not filed any objection for this anticipatory bail application but the PP argued the case that a complaint was lodged by the Principal of the Mayai Lambi College, 6 Yumnam Huidrom Imphal West district and based on that, the present FIR was registered against these petitioners along with one person by totally 11 accused based on the complaint that this college has detected admission by about 700(seven hundred) students in his college through fake pay in slips in the name of the Manipur Rural Bank, Hiyangthang Branch and the allegations set out in the complaint against these petitioners is for the offence of cheating and forgery which are serious in nature and the petitioners are not entitled the pre-arrest bail. Therefore, Mr. H. Samarjit, learned PP strongly opposing for granting anticipatory bail. [7] After filing anticipatory bail, this matter was taken up on

2.08.2019 for admission and this Court while admitting the anticipatory bail application granted an interim order directing the respondent police not to arrest the petitioners and the said interim order was periodically extended till date, almost for more than 3(three) years. Since the petitioners are all students and they are all office bearers of the College Student Union and the allegations are also only on the basis of admission of 700(seven hundred), the petitioners are entitled the pre- arrest bail. 7 [8] Therefore, when the interim anticipatory bail granted by this Court was periodically extended for more than 3(three) years and the respondents have also not taken any action to vacate the interim order granted by this Court, this Court is inclined to pass orders to make the interim order dated 02.08.2019 absolute. If the interim order is made absolute by granting anticipatory bail to the petitioners, no prejudice will be caused to the respondents. Therefore, by considering the above argument advanced by both counsels and materials available on records, I am inclined to pass the following orders: (a) (b) This AB is allowed. the petitioners are granted anticipatory bail by directing each petitioner to execute one surety for a sum of Rs. 25,000(twenty five thousand) to the satisfaction of the learned Sessions Judge, Imphal West. (c) the petitioners are directed to appear before the respondents police as and when required. (d) the petitioners are directed not to tamper or hamper the witness and give their fullest cooperation for early investigation. 8 (e) the respondents are permitted to approach this Court if the petitioners violated any one of the conditions. (f) If the petitioners are violating any condition, the prosecution is at liberty to apply this Court for cancellation. John Kom JUDGE