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Item supp 1-2

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

Bail Application No. 28 of 2019

Ph. (N) K.(O) Romita Devi

... Petitioner/s

- Versus -

State of Manipur & 5 Ors.

... Respondent/s

With Bail Application No. 29 of 2019

Ph. (O) L.(N) Landhoni Devi

... Petitioner/s

- Versus -

State of Manipur & 5 Ors.

... Respondent/s

BEFORE

HON’BLE MR. JUSTICE MV MURALIDARAN

27.09.2019

Since the petitioner who is accused in FIR No. 138 (7) SJM

P.S. U/s 305/34-IPC & Sec.75 of Juvenile and Justice (Care &

Protection of Children) Act 2015 added Section 420/302 IPC filed

this bail application before this Court seeking the bail.

Admittedly, after hearing elaborately the argument from Mr.

N. Jotendro, learned senior counsel for the petitioner. This Court

has come to the conclusion that the petitioner without exhausting

the remedy before the Learned Session Judge by invoking Section

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439 of Cr.P.C., but the petitioners directly approaching this Court

and filed this bail application.

Admittedly, it is not acceptable one and it is totally by

passing the procedure already laid down in the Act as well as by

the Hon’ble Supreme Court.

The Hon’ble Supreme Court has time and again in various

judgments very clearly says that the accused persons, if the

offences triable by Learned Sessions Court without exhausting the

remedy

before

the

Learned

Session

Judge

cannot

directly

approach the High Court for bail, but in this case, that the offence

was registered U/s 305/34-IPC & Sec.75 of Juvenile and Justice

(Care & Protection of Children) Act 2015 added Section 420/302

IPC.

Therefore, on coming to know, this question was posed to

the Learned Senior Counsel, who in turn seeks permission to

withdraw this bail application and to move before the Learned

Sessions Court.

Accordingly,

this

bail

application

is

dismissed

as

withdrawn. and the petitioner is permitted to file an application

before the Learned Sessions Judge, Imphal West for trial.

The Learned Sessions Judge is directed to issue notice to

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the learned PP and prosecution is directed to file objection

immediately and the Learned Sessions Judge is directed to

dispose the application on or before 09.10.2019 on merits without

giving any adjournment to either parties.

Before disposing this case, this Court wants to give a

general direction to the Registry of this Court as follows :-

The Registry of this Court is directed not to entertain or

number any petitions to be filed by the accused person by invoking

Section 439 Cr.P.C.for bail directly before this High Court without

exhausting the remedies available under Section 439 Cr.P.C.

before the Learnedp Sessions Court for the offences triable by

Sessions Court.

Issue order copy today.

JUDGE

Larson

WAIKHOM

TONEN MEITEI

Digitally signed by WAIKHOM

TONEN MEITEI

Date: 2019.09.27 14:56:26 -07'00'