Back
M. V. MURALIDARAN
Md. Kyaw Kyaw Naing @ Abdul Rahim – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. Miscellaneous Case No. 2 of 2021 has been filed by the petitioner to recall the order dated 17.4.2021 directing the learned Special Judge (ND&PS), Thoubal to issue warrant for arresting the petitioner and remand him into the judicial custody and to enlarge him on bail.
2. Miscellaneous Case No.3 of 2021 has been filed by the petitioner under Section 439 read with Section 390 Cr.P.C. read with Section 36-C of the Narcotic and Psychotropic Substance Act to release him on bail.
3. Miscellaneous Case No.7 of 2021 has been filed by the petitioner to call for the medical report/records of the petitioner maintained at the Manipur Central Jail, Sajiwa.
4. Since the issue involved in these Miscellaneous Cases is one and the same, they were taken up together and disposed of by this common order.
5. Heard Mr.P.Tomcha, learned counsel for the petitioner and Mr.Lenin Hijam, learned Additional Advocate General for the respondents.
6. The learned counsel for the petitioner submitted that the petitioner is a citizen of Myanmar having his residence at Kawhmu Village, Moha Rangoon, Myanmar. He along with 9 others were initially arrested in connection with FIR No.94(08)2019 on the file of the T
The main legal point established in the judgment is the importance of personal liberty, equality before the law, and the need to impose conditions to ensure the petitioner's availability for trial, r....
Bail conditions must not be excessively onerous, as this equates to a refusal of bail, violating the principles of justice, especially for foreign nationals under Article 21.
The main legal point established in the judgment is that the grant of bail is the general rule and putting a person in jail is an exception. The court emphasized the presumption of innocence and the ....
The court ruled that it lacks jurisdiction to direct visa issuance in bail proceedings, emphasizing the distinction between judicial custody and executive detention under the Foreigners Act.
Foreign nationals, especially undertrials, should not be detained without due process of law. The competent authority should consider alternative options under Section 3(2) of the Foreigners Act, suc....
The main legal point established in the judgment is that bail is the rule and jail is an exception, especially in cases where there is delay in concluding the trial and no conclusive evidence connect....
Successive NDPS bail requires material change in circumstances; Supreme Court reservations on denying bail to foreign nationals and Article 21 speedy trial violation from prolonged delay justify bail....
Bail – When Courts recognize and respect individual right to life and liberty as guaranteed under Article 21 of Constitution of India, it is duty of Court to recognize and respect such rights of citi....
The delay in concluding the trial, the presumption of innocence, and the lack of prima facie evidence were central to the court's decision to grant bail to the petitioner.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
