Gurumayum Bishwarup Sharma v. Officer in Charge, Lamphel Police Station and another
AB/6/2025 · 2025-04-28
A Guneshwar Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1110 (MAN) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1110 (MAN) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
AB No. 6 of 2025 &
Crl.M.C. No. 10 of 2025
Item Nos. 1-2
IN THE HIGH COURT OF MANIPUR AT IMPHAL
AB No. 6 of 2025 Gurumayum Bishwarup Sharma. …Petitioner - Versus - Officer in charge, Lamphel Police Station & Anr. …Respondents With Crl.M.C. No. 10 of 2025 B E F O R E HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA
O R D E R 28-04-2025
[1] Heard Mr. N. Jotendro, learned senior counsel assisted by Md. Abdul Baqee Khan, learned counsel for the petitioner and Mr. Th. Sukumar, learned PP on behalf of respondent No. 1. [2] The petitioner approached this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) praying for pre-arrest bail in connection with FIR No. 134 3(04) 2025 Lamphel Police Station under Section 109(1)/118(2) BNS. [3] The petitioner approached the Court of learned Sessions Judge, Imphal West on 25-04-2025 vide Cril. Misc. (AB) Case No. 42 of 2025 under Section 482 of BNSS for releasing the petitioner on pre-arrest bail. Vide order dated 25-04-2025, the learned Sessions Judge issued notice and called for report and fixed the matter on 30-04-2025 for report and hearing. However, the prayer for interim bail was rejected considering the seriousness of the offence. NINGOM BAM VICTORIA Digitally signed by NINGOMBAM VICTORIA Date: 2025.04.28 17:49:15 +05'30'
AB No. 6 of 2025 &
Crl.M.C. No. 10 of 2025
[4] Thereafter, the petitioner approached this Court again under Section 482 of BNSS for releasing the petitioner on pre-arrest bail along with prayer for interim relief. [5] Mr. Th. Sukumar, learned PP for respondent No. 1, has raised preliminary objection of the maintainability of the pre-arrest bail before two Courts at the same time, i.e. one before the learned Sessions Judge, Imphal West and the other, before this Court and also the petitioner has not challenged the order dated 25-04-2025 rejecting the interim bail before this Court. In the circumstance, the application, filed under Section 482 of BNSS, is not maintainable in the present form. [6] On the other hand, Mr.
N. Jotendro, learned senior counsel for the petitioner, submits that the petitioner is working as Assistant Survey & Settlement Officer under the Directorate of Settlement & Land Records, Lamphelpat, Manipur and he has also sustained serious injuries in the said incident and a separate complaint has been lodged by his brother and since he is presently in the hospital, interim protection may be granted. [7] As two bail applications cannot be filed by the same person before different Courts for the same FIR, this Court is of the opinion that the present bail application is not maintainable in the present form. However, the petitioner is permitted to approach the Court of learned Sessions Judge, Imphal West for interim bail by showing subsequent development not considered in the order dated 25-04-2025. [8] With this observation, the bail application is disposed of. [9] Crl.M.C. No. 10 of 2025 is also disposed of. [10] Furnish a copy of this order to the learned counsel appearing for the parties by Whatsapp. JUDGE Victoria