HIGH COURT OF MANIPUR
SMT PHEIROJIJAM ONGBI LONGJAM NINGOL LANDHONI DEVI – Appellant
Versus
STATE OF MANIPUR AND 5 ORS – Respondent
BAIL APPLN. 29/2019
Page | 1
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withdrawn.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'