HEIKRUJAM TOMBI SINGH Vs. GOVERNMENT OF MANIPUR

JUDGEMENT

(1.) THIS a petition filed under Section 498 Cr.P.C. to release the petitioner on bail.

(2.) THE case of the prosecution is that at about 12 in the midnight on or about 22.2.1966 a dacoity was committed in the house of Hoyan Koirang in Nurathem, that information was lodged at about 8.00 a.m. on the next day to the Officer -in -charge of Kangpokpi Police Station by one of the neighbours of Hoyan Koireng in which the name of the petitioner was mentioned and that on 25.2.1965 the petitioner was arrested. He has been kept in the Manipur State Jail ever since.

(3.) THE main ground on which the lower Courts rejected the petition of the petitioner is that his name was mentioned in the F.I.R. given by the neighbour of Hoyan Koireng. But, the case of the prosecution is that there were 5 more offenders. The Magistrate released on bail one of the accused (whose name was also mentioned in the F.I.R.) on the ground that in spite of repeated demand, the investigating officer did not file the case diary and reports into the Court. The same ground equally applies to the petitioner also.