N. ROMESH SINGH Vs. OFFICER IN-CHARGE NAMBOL POLICE STATION

JUDGEMENT

(1.) This petition has been filed by the applicant who is the mother of the third accused under Sec. 439 Cr.P.C. seeking to enlarge him on bail in connection with FIR No.57(9)2020 registered under Sec. 302/34 IPC on the file of Nambol Police Station.

(2.) The case of the prosecution is that on 11/9/2020 at 8.00 a.m., the complainant Moirangthem James Singh lodged a complaint stating that at around 6.00 a.m., his uncle Moirangthem Amuchou Singh informed him that his father Nilamani Singh was found dead at his farm house located at 200 metres from their house and it is suspected that he was murdered by some unknown persons. After registering the FIR, the investigating officer took up the case for investigation and based on the reliable information received from sources the petitioner, his brother and father were arrested from their house at 12.30 p.m. On preliminary interrogation, they admitted to have committed the crime charged against them and, accordingly, they were remanded to judicial custody. On further interrogation, the accused admitted that they had an argument and beaten up the deceased on the night of 10/9/2020 at around 9.00 p.m. Thus, the accused are liable to be punished as per law.

(3.) Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the case in collusion with the complainant and there is no material on record to show that he has committed the alleged offence charged against him. He would submit that the petitioner is a patient of Ureteric Calcue and he has been under constant medical treatment. While the petitioner was in judicial custody, he was produced by the jail authority to JNIMS hospital for treatment where the Doctor states that facility for treating the petitioner was not available in JNIMS. Accordingly, the wife of the petitioner filed Bail Application No.13 of 2020 before this Court and this Court by the order dtd. 11/12/2020 was pleased to release the petitioner on bail for a period four months so as to enable him to get treatment of his ailment outside the jail.