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IN THE HIGH COURT OF GAUHATI (KOHIMA BENCH)
Arun Chandra Upadhyay, J.
State of Nagaland and Anr.
Vs.
Tito and Ors.
Crl. Misc. Application No. 1 and 2 (K) of 2009
Decided On: 17.06.2009
Bail Orders - Criminal Procedure - Code of Criminal Procedure 1973, Section 10(3) - Section 376/120B/107/34 IPC - The court discussed the bail orders passed under Section 439(2) of the Code of Criminal Procedure by the learned Addl. Sessions Judge, Zunheboto, Nagaland, releasing accused in connection with Zunheboto P.S. Case No. 8/09 corresponding to G.R. Case No. 10/09 registered under Sections 376/120B/107/34 IPC.
Fact of the Case:
The accused were granted bail in a rape case under Section 376 IPC, despite pressure from various groups and the accused's potential to influence the administration of justice.
Finding of the Court:
The court found that the accused had exerted pressure on the judicial officers to obtain favorable bail orders, and the post-bail conduct of the accused raised concerns about interference with the administration of justice during trial.
Issues: The main issue was whether the bail orders were influenced by pressure from the accused and whether the accused's potential to interfere with the trial justified the cancellation of bail.
Ratio Decidendi: The court held that the accused had exerted undue influence on the judicial officers to obtain bail orders, and there was strong apprehension that the accused would interfere with the administration of justice during trial, justifying the cancellation of bail.
Final Decision: The court set aside and canceled the bail order and directed all the accused to surrender before the trial court for formal remand to judicial custody during trial.
A.C. Upadhyay, J.
1. By this order I propose to dispose of the aforenoted two applications filed under Section 439(2) of Code of Criminal Procedure by the State of Nagaland, thorough the Chief Secretary, praying for cancellation of interim bail orders 30.04.09 and final bail order dated 03.06.2009 passed by the learned Addl. Sessions Judge, Zunheboto, Nagaland, releasing Mr. Tito Sumi, Samuel, Mughaho, Aloto and Thoro accused in connection with Zunheboto P.S. Case No. 8/09 corresponding to G.R. Case No. 10/09 registered under Sections 376/120B/107/34IPC.
2. Heard Mr. K.N. Balgopal, learned Advocate General, Nagaland on behalf of the State and Mr. K. Sema, learned Counsel for the Respondent/accused.
3. The facts leading to filing of this application may be narrated in brief as follows.
4. Upon a complaint filed by the Sumi Totimi Hoho (STH) on 14th April, 2009 alleging commission of rape of a minor aged girl by the accused above named on 11.04.2009 the Officer-in-charge of the Zunheboto, Police Station registered a case under Section 376 IPC. On 17.04.2009 the accused, were produced on arrest before the Court of learned Civil Judge, (Jr.)-cum-JMFC, Zunheboto, by the local Police, for regular remand. Accordingly, the accused were ordered to be remanded to jail custody till 1.05.2009. However, immediately, on 18.04.2009 a bail petition was submitted before the learned Civil Judge (Jr.)-cum-JMFC, Zunheboto praying for release of four accused persons namely, (1) Mugaho, (2) Samuel, (3) Thoro and (4) Aloto. The learned Magistrate was reported by an Assistant Jailor that a group of people including the Gaon Burah (GB.) and Town councillors submitted an order issued by the Addl. D.C. (Adm.) to release the accused persons, failing which they threatened to break open the jail and take out the arrested persons. Thereafter, the learned Court below recorded the following order in the order sheet.
Heard both the parties.
The pressure given by the Town councillors and GB.'s is strong besides the pressure given by the public is disorderly, likely to disturb public tranquility and peace. I consulted the Addl. District and Sessions Judge and the same information was imparted to the Sub Divisional Police Officer (SDPO) by phone.
In consultation and in exercise of power under Section 10(3) Code of Criminal Procedure 1973 I had a strong reason to release the accused persons on conditional bail to diffuse the situation under the following conditions that the accused shall not tamper with the evidence of the prosecution and shall not leave the jurisdiction of the Court and shall appear before the I/O of the case on the Court as and when required and shall in default forfeit the Government of Nagaland a sum of Rs. 25,000/- (Twenty Five Thousand) each.
The accused persons shall appear before the Addl. District and Sessions Judge on 30.04.2009 to regularize the bail.
(Emphasis supplied)
5. On perusal of the above order of the learned JMFC, Zunheboto it clearly transpires that the bail order was obtained in a rape case registered under Section 376 I.P.C., not just and proper reasons.
6. On 24.04.2009, the learned Civil Judge (Jr. Divn.) Zunheboto reflected in his order that the Addl. D.C. (Admn.) wrote a letter to the Assistant Jailor to release the four accused persons namely, (1) Mugaho, (2) Tito, (3) Samuel, (4) Thoro and (5) Aloto. It is reflected by the Magistrate in his order as follows:
The relative of the accd. Then took Assistant Jailor to Addl. Deputy Commissioner (Admn.) then met Addl. S.P., A.P.P. and at last approach Civil Judge to grant bail.
The four persons were released on bail. Then the relatives of accd. Tito, compelled this Court to consider bail on the basis of other four accd. In the meantime, S.T.H. ZBTO organized relay on 20.04.09 at and women commission visited ZBTO on 22.4.09 and conducted enquiry and (sic).
The bail petition in respect of Tito was fixed for hearing on 30.4.09. There is great pressure to release main accused Tito Kiba o
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