Shri P. Malingpam v. The State of Nagland

ORDER Date : 23.07.2024

Heard Mr. Shimsak Raili, learned counsel for the peti-tioner. I have also heard Ms. S. Mere, learned P.P. State of Naga-land.

¶2This is a bail application filed under section 439 Cr.PC read with section 37 NDPS Act, praying for release of the ac-Page No.# 2/3 cused person P. Malingpam who has been arrested in connection with Narcotic Cell P.S. Case No.04/2019 under section 21(b) NDPS Act, 1985.

¶3Earlier the petitioner had moved three bail applica-tions before the learned Special Judge, NDPS Kohima praying for release of the accused. However, all the said three bail applica-tions were rejected; the last one being on 20.6.2024. And this is the fourth subsequent bail application filed for release of the ac-cused on the ground that the wife of the accused is sick and the attending Doctor advised her to go for surgery for which he need to be present with his wife.

¶4The scanned copy of the trial Court record as called for has been received and I have perused the same.

¶5On perusal of the bail rejection orders, it appears that the learned trial Court has considered all the grounds taken by the petitioner and after considering the records and submis-sions made by the learned counsel for the petitioner had re-jected the bail applications for release of the accused. The learned trial Court while rejecting the bail has also observed that earlier the case against the present accused was once abated on production of death certificate. However, the same was re-opened on the prayer of the police, informing that the accused have been found alive while he was arrested in connection with some other case. The learned trial Court has also observed that under the circumstances there is high chance of the accused jumping bail again.

¶6The learned P.P. submits that prima facie there is suf-ficient incriminating materials found against the accused and the Page No.# 3/3 evidence on recorded so far also reveals that the accused is in-volved in the present case and therefore, prays that the accused may not be released on bail. The learned P.P. also submits that case against the present accused was once abated on produc-tion of false death certificate; A such, there is every possibility of the accused jumping bail. Hence, she vehemently object grant-ing bail to the present accused.

¶7Considering the nature of allegation and charged against the accused and the materials found on record including the deposition of the witness so far, it appears prima facie there is incriminating materials against the accused for commission of charged offence against him. Moreover, in view of the records that the accused had earlier got a criminal case against him abated on production of death certificate which later on came out to be false one, this Court is of the opinion that the present accused is entitled to be extended with the benefit of bail. In view of the observation made above, I am not inclined to grant bail to the accused at this stage. Accordingly, the bail application stands rejected.

¶8Send back the LCR.

Sd/- JUDGE Comparing Assistant

Page No.# 1/3 GAHC020003722024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Bail Appln./12/2024 SHRI P. MALINGPAM S/O P MALUNGTHI R/O NGARI KHULLEN VILLAGE PO/PS- TADUBI DISTRICT SENAPATI MANIPUR VERSUS THE STATE OF NAGLAND NAGALAND KOHIMA Advocate for the Petitioner : KETHOKHRIENUO Advocate for the Respondent : P.P, NAGALAND BEFORE HON'BLE MR. JUSTICE BUDI HABUNG