Court breather for Samarjit
Source: The Sangai Express
Imphal, May 09 2022:
The Session Judge, Imphal West has directed the investigating authority to give three days prior notice in case arrest of Narengbam Samarjit is required in connection with an FIR case registered at Lamphel Police Station in the year 2020 .
The order was passed in connection with an anticipatory bail application filed by Narengbam Samarjit Singh (48), s/o late N Jugindro Singh of Sagolband Tera
Loukrakpam Leikai.
The petitioner's counsel submitted that the petitioner (Narengbam Samarjit) had just been released on interim bail on medical grounds by Special Judge, NIA Manipur and he is on constant medical treatment.
The doctor concerned has advised him to take bed rest.
Since his release, he has been abiding by all the directions and conditions imposed by the Special Judge (NIA), Manipur, the counsel said.
The counsel further submitted that on May 5 some police personnel who identified themselves as personnel of Lamphel PS came and said that Samarjit should come to the police station in connection with a case registered in December 2020 even though the petitioner was facing acute health crisis and was visiting his doctor at the relevant time.
However, the petitioner could not appear at the police station on the same day due to his health condition.
Again on May 6, the same police team came and threatened that he shall be arrested if he does come to the police station, the counsel said.
It was submitted that the petitioner was not an accused in the said FIR case.
However, the petitioner has apprehension that he would be arrested and detained in custody on false charges of non-bailable offences and thus prayed for anticipatory bail.
The Court, on perusal of the application and enclosed documents and after hearing the counsel of the petitioner, directed that the investigating authority must comply with the provisions laid under section 41 and 41 A of the CPC thereby giving prior notice of 3 days to the petitioner and the guidelines laid down in Arnesh Kumar v.State of Bihar [(2014) 8 SCC 273], in case the arrest of the petitioner is required.