NIA Court rejects Govt objection to Mark Haokip's bail
Source: Chronicle News Service

Imphal, May 20 2024: The court of Special Judge (NIA), Imphal West, ruled on Monday that the state government's two applications to set aside or modify the bail order of Mark Haokip are not maintainable, citing the principles mentioned in Section 362 of the Criminal Procedure Code (CrPC) .

On March 28, 2023, the Special Judge (NIA) had placed the bail order granted to Mark Thangmang Haokip in "abeyance until further order" and issued a notice to him through t,he Superintendent of Manipur Central Jail.

Mark Haokip was initially granted bail on March 27, 2023, by the special judge upon furnishing a PR bond of Rs 2 lakh with two sureties of same amount.

Following this, the state government filed two applications challenging the bail order, seeking its cancellation or modification.

Mark Haokip was arrested in Kis-hangarh, New Delhi, on May 24, 2022, on charges of conspiring to wage war against the government of India by identifying himself as the president of a separatist outfit,' the Government of People's Democratic Republic of Kukiland.

The Special Judge (NIA), in its ruling, noted that the state's applications to set aside or modify the bail order were barred by the principles of Section 362 CrPC, which restricts the court from altering or reviewing its judgment or order once it has been signed, except to correct a clerical or arithmetical error.

Further complicating the matter, Mark Haokip's wife filed a bail application to the High Court of Manipur, which was rejected.

The High Court directed the Special Judge (NIA) to hear and determine the application under Section 439(2) of CrPC filed by the joint secretary, seeking the cancellation of Mark Haokip's bail, expeditiously and preferably within six weeks.

The Special Judge (NIA) clarified that the High Court's directions were given without delving into the merits of the criminal revision.

The High Court did not discuss the scope of Section 439(2) CrPC and did not impose any restrictions on the Special Judge (NIA) to consider all questions of fact and law, except to expedite the hearing and determination of the application.

In its judgment, the Special Judge (NIA) referenced relevant Supreme Court judgments, indicating that a fresh application for bail could be considered under "certain changed circumstances" and that conditions of bail could be varied if justified by new factors.

However, the court emphasised that the same court is not empowered to cancel a bail order already granted unless the accused has misconducted himself or new circumstances arise that warrant such cancellation.

The court highlighted that the state's applications did not present any new developments or misconduct by Mark Haokip between March 28, 2023, and March 29, 2023, nor did they demonstrate any prejudice to the trial after the bail was granted.

Consequently, the applications filed under Section 439(2) CrPC for setting aside or modifying the bail order were deemed not maintainable due to the principles of Section 362 of CrPC.

Comment