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M. V. MURALIDARAN
Sajish Khan – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. This petition has been filed by the petitioner under Section 439 Cr.P.C. praying to enlarge him on bail in connection with FIR No.33(05)2022 under Sections 342/364/34 IPC added Section 302 IPC on the file of Lilong Police Station.
2. The case of the prosecution is that on 21.5.2022 one Md. Abdul Barik of Yairipok Changamdabi Makha Leikai lodged a complaint to the Superintendent of Police, Thoubal stating that on 16.5.2022 at about noon hours, his son Md. Abdullah left his house being accompanied by three persons, namely Md. Baksar, Sajish Khan and M.Tarique Aziz and his son did not return. On 20.5.2022, it was known from the persons who accompanied with his son that his son was kidnapped and abducted and also wrongfully confined without any reason. Hence, the complainant filed a complaint before the Superintendent of Police. Upon receipt of the complaint, the same was forwarded to Lilong Police Station and the Officer-in- Charge of Lilong Police Station registered the case in FIR No.33(5)2022 under Section 342, 364/34 IPC against Md.Mujibur and others. During the course of investigation, on 22.5.2022 at about 2.00 p.m., an information was received that an unidentified bod
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.
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 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....
The main legal point established in the judgment is that the grant of bail depends on various factors, including the nature of the offence, the presumption of innocence, and the need for a humane att....
Bail is the rule and jail is an exception, and the accused should not be detained unless there are reasonable grounds to believe that he will tamper with evidence or obstruct justice.
(1) Bail – Object of bail is neither punitive nor preventative – Deprivation of liberty must be considered a punishment, unless it is required to ensure that accused person will stand his trial when ....
The main legal point established is that the presumption of innocence, the need for a speedy trial, and the balance between personal liberty and the investigational right of the police are crucial fa....
The court determined that prolonged detention does not automatically entitle an accused to bail when substantial evidence of guilt exists, underscoring the rights to a speedy trial within serious cri....
Point of Law : POCSO Act – Kidnapping and Rape – Grant Bail – Accused and victim have Prior acquaintance and love.
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