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SANJAY KUMAR
Laishram Suresh – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. In exercise of power under Section 437(6) Cr.P.C., the learned Judicial Magistrate First Class, Imphal West-I, Manipur, granted bail to the accused in Cril. (P) Case No.2 of 2020 {Ref: FIR No.14(04) 2020 on the file of Wangoi Police Station}, vide order dated 20.03.2021 in Cril. Misc.(B) Case No.5 of 2021. Bail was granted as more than sixty days had elapsed after the commencement of the trial and both the accused had remained in custody during that period. Aggrieved thereby, the State of Manipur filed an application under Section 439(2) Cr.P.C., in Cril. Misc. Case No.100 of 2021, before the learned Sessions Judge, Imphal West, to quash/set aside the bail order dated 20.03.2021. By order dated 20.11.2021, the learned Sessions Judge, Imphal West, held that the accused were not entitled to be released on bail under Section 437(6) Cr.P.C. and set aside the bail order dated 20.03.2021. Assailing the said order, the accused filed this Criminal Petition under Section 482 Cr.P.C. r/w Section 439 Cr.P.C.
2. By order dated 26.11.2021, this Court suspended paragraph No.22 of the impugned order dated 20.11.2021 till the next date. Thereby, the learned Sessions Judge had directed th
The main legal point established in the judgment is that an accused is not entitled to statutory bail under Section 437(6) Cr.P.C. as a matter of right, and the provision does not confer an indefeasi....
The right to be released on bail under Section 437(6) of the Code is not absolute but subject to the discretion of the Magistrate, to be exercised in exceptional cases.
The court clarified that the provision of section 437(6) of Cr.P.C. is not mandatory and the magistrate has discretion to refuse bail after recording reasons. The court also emphasized the importance....
(1) In bailable offence, right of accused to get bail is absolute and indefeasible right and courts have no discretion in granting bail.(2) Criminal Courts should consider bail applications particula....
The main legal point established in the judgment is that the provision of Section 437(6) of the Code of Criminal Procedure is discretionary, and the reasons for refusal must be recorded in writing. T....
(1) Bail – Provisions of Section 437(6) of Cr.P.C., cannot be considered to be mandatory in nature and cannot be interpreted to grant absolute and indefeasible right of bail in favour of accused.(2) ....
The court emphasized that Section 437(6) of the Cr.P.C. is not mandatory but directory, and the accused is entitled to apply for bail if the trial is not completed within sixty days, unless there are....
The main legal point established in the judgment is the mandatory nature of Section 436A CrPC and the principle that 'bail is the rule and jail is an exception', emphasizing the right to liberty and ....
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