M. V. MURALIDARAN
Thokchom Jitendro Singh – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. This petition has been filed by the petitioner under Section 439 Cr.P.C. to enlarge him on bail in connection with FIR No.106(5)2022 under Section 304/34 IPC read with Section 364-A/390/109 IPC on the file of Imphal Police Station.
2. The case of the prosecution is that on 3.5.2022 at 1.30 a.m., one Arambam Kombirel Devi reported that on 2.5.2022 at about 9.30 a.m., her son Arambam Nanao Singh was abducted by 3/4 unknown persons in civil dress, who came in a car from the road nearby their house located at Sagoiband Kangabam Leikai. One of the said team identified himself as SI Jitendro (petitioner) who came in a white Activa, asked to come to Imphal Police Station. After half an hour, the police team in civil dress also picked up Nanao's Swift car which was parked at the road side. Later, she arrived at Imphal Police Station at around 10.30 a.m. of the same day. After a long wait, she happened to meet SI Jitendro at 1.30 p.m. After meeting with him, he warned that unless Rs.5 lakh is paid till 4.00 p.m. of the same day, he will not be relieved. She was made to sign on a piece of paper stating that her son has been arrested in a case and served her a copy. While managing t
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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.
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 depends on various factors, including the nature of the offence, the presumption of innocence, and the need for a humane att....
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....
(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 ....
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
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....
Bail granted in murder case due to hostile key witness rendering prima facie accusation doubtful, prolonged incarceration over four years amid delayed trial, no antecedents, upholding Article 21 pers....
The court ruled that the seriousness of charges and ongoing risk to witnesses outweigh the defendant's custody length and medical claims, justifying bail denial.
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