The limited duration of anticipatory bail and the need for the regular court to determine the bail application on appreciation of evidence.

T. NK. Singh, J.

1. This revision petition under Sections 397 and 401 of the Cr. P. C. read with Article 227 of the Constitution of India is directed against the order dated 11-7-2008 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 Thokchom Jadumani Singh, an accused in the FIR Case No. 102 (4) 2008 Thoubal P. S. under Section 121/121-A, I.P.C. and 17, 20 UA (P) A Act, 2004 for an indefinite period. For easy reference, the impugned order dated 11-7-2008 is quoted hereunder:

I have heard the Ld. Counsel for the petitioner and the ld. Addl. P. P. for State. After hearing the ld. Counsel for the petitioner/accused and on perusal of the available materials on record it is found that the accused/petitioner. Th. Jadumani Singh has been suspected of using terrorist fund raised by underground organization PLA in establishing one Petrol Pump of Khangabok under the name of Sorojini filling station as sanctioned vide order No. GDO/New R.O. Khangabok dated 24-11-2003 from IBP Co. Ltd. by Sr. Divisional Manager.

But today no incriminating article is recovered from his possession to support the allegation raised by the prosecution though there appears prima facie case of disproportionate property of the accused/petitioner. He is not likely to abscond as he is ready to furnish bail bonds if released on bail. So with a view to the nature of the case and its gravity I find sufficient reason to release the petitioner/accused on anticipatory bail.

Hence it is ordered that the interim bail of the petitioner/accused. Th. Jadumani Singh dated 23-6-2008 is made absolute.

Send copy of this order to the I. O. of the case for information.

Announced in the open court.

Sd/- Th. Surbala Devi,

Sessions Judge, Manipur West.

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 alias 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.

On examination of the Bank Manager, SBI, Thoubal, Shri Bipin Sharma, he stated that his bank had availed a loan of Rs. 32,00,000/- (Rupees thirty two lakhs) on 28-10-2006 and also on examination of the bank documents it is clear that the respondent Shri Jadumani Singh had submitted movable asset of Rs. 40 lakhs (vehicles/trucks). As indicated from the record of the District Transport Office, Thoubal, it is found that the said vehicles valued at Rs. 40 lakhs were Auto-Rickshaw, Bajaj Super Scooter, LML Vespa, NV Scooter etc.. thus fraudulent submission of documents to the Bank. It is also stated that in the course of investigation of the case, two