STATE OF MANIPUR Vs. LH WOLRING
LAWS(MANIP)-2021-3-3
HIGH COURT OF MANIPUR
Decided on March 25,2021

STATE OF MANIPUR Appellant
VERSUS
Lh Wolring Respondents

JUDGEMENT

M.V.MURALIDARAN - (1.) The present Criminal Petition has been filed by the State of Manipur represented by the Chief Secretary, in-charge of Home challenging the order dated 17/12/2020 vide Ref. No. FIR No. 25(11)2020 CDL- P.S. U/S 153A/504/505/506/500/34 IPC and 4 Explosive Substance Act, thereby releasing the accused person on bail without availing ample opportunity to the police to investigate the terrorist activities of the accused persons against whom many incriminating things including documents, Laptop, computer hard drives involved in terrorist activities were recovered by the Police.
(2.) Brief facts of the Case: a) The State of Manipur has been trying to its best to develop each and every District of Manipur particularly in the Hill Districts including the Chandel District. The respondent/accused persons are the resident of Chandel District who are actively indulging in various terrorist activities as indicated in the police investigation with incriminating evidences and there are a serious attempts and threats by the accused that will carry out the violent terrorist activities by use illegal weapons which are believed to be in their possession. b) The incriminating articles like laptops, computer hard drives, pen drives, documents were seized from the respondents/accused and they were produced before the Ld. CJM, Chandel. The respondent/accused namely LH Wolring, who turned out to be one of the main accused was apprehended only on 15/12/2020 with the various incriminating articles like laptops, computer hard drives, pen-drives, documents etc. And, he along with the other accused SP Kolomi was remanded in police custody. And, without affording ample opportunity to the police to investigate serious terrorist activities against the respondent/accused the Ld. CJM, Chandel by the impugned order released the accused on bail in the afternoon of 17/12/2020.
(3.) Challenging the impugned Order, this Revision is filed by the State amongst the following other GROUNDS; a. The Ld. CJM, Chandel ought to have considered that accused namely LH Wolring, who turned out to be one of the main accused was apprehended only on 15/12/2020 with the various incriminating articles like laptops, computer hard drives, pendrives, documents etc. And, he alongwith the other accused SP Kolomi was remanded in police custody by the CJM only in the evening of 15/12/2020 and therefore the Ld. CJM failed to consider that the police had only 1 (one) effective working day i.e. only on 16/12/2020 for investigation. And, without affording ample opportunity to the police to investigate serious terrorist activities against the accused the Ld. CJM, Chandel by the impugned order released the accused on bail in the afternoon of 17/12/2020. Therefore, the impugned order dated 17/12/2020 is liable to be quashed and setaside. b. The Ld. Trial Court failed to consider the gravity of the case, wherein various incriminating articles used for terrorist activities were seized by police. Therefore, the Ld. CJM, Chandel ought not to have released the accused on bail even before the police could investigate the terrorist activities. c. The Ld. Trail Court failed to consider that the accused have spreaded hatred amongst the various communities living in Chandel District and they have loudly propagated that government officials and also different communities living in the District will bombed and there are a serious attempts and threats by the accused that will carry out the violent terrorist activities by use illegal weapons which are believed to be in their possession. Therefore, the respondents/accused are required to be investigated for the sake of national/State security as the offence relates to the terrorist activities in the District bordering Myanmar, which is a terrorist hot-bed in the region. d. The Ld. Trial Court has not given enough time to properly investigate the case involving section 4 of Expl. Sub. Act. ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.