Manipur High Court Sets Aside NIA Court's Order Granting Bail To Kuki Leaders Accused Of 'Waging War' Against India

The Manipur High Court on Thursday (Aug. 22) set aside the Special Court's order granting bail to the person who is accused of waging war against India for cessation and creation of an independent “Government of the People's Democratic Republic of Kukiland'.

The Special Court (NIA) granted default bail to two accused namely Lhaineikim Lhouvum @ Kikim and Mark Thangmang Haokip on the ground that, the subject charge sheet filed against the accused was without obtaining the prosecution sanction order, therefore the charge-sheet ought to be considered as an incomplete charge-sheet, entitling the accused for the grant of default bail.

The bench comprising Chief Justice Siddharth Mridul and Justice A. Guneshwar Sharma referred to the case of Judgebir Singh and Ors. vs. National Investigation Agency where it was that a chargesheet filed without prosecution sanction cannot be termed as an incomplete chargesheet and the accused cannot claim a right to be released on default bail for want of sanction in this circumstance.

“From the ratio of the Judgebir Singh (supra), it is now a settled proposition of law that, chargesheet filed without prosecution sanction order cannot be treated as an incomplete chargesheet so as to enable the accused to claim an indefeasible to be released on default bail. We are concomitantly of the view that, the learned Special Judge (NIA), Imphal West erred grossly in holding that the subject chargesheet filed without prosecution sanction order from the competent authority is an incomplete chargesheet and the accused is entitled to be released on bail.”, the Judgment authored by Chief Justice Mridul said.

“In the present case, the chargesheet without sanction order was submitted on 25.11.2022 and the default bail application was filed only on 18.03.2023. In the circumstances, the impugned order dated 28.03.2023 in Cril. Misc. (B) Case Nos. 3 of 2023 and 45 of 2023 releasing the accused on default bail is contrary to law and accordingly set aside.”, the Court concluded.

Appearance:

For the appellant: Mr. Lenin Hijam, Advocate General, assisted by Mr. S. Niranjan, GA; Mr. Dimal Kumar Haobam, Advocate

For the respondents: Dr. Colin Gonsalves, Sr. Advocate, assisted by Mr. Osbert Khaling, Advocate

Case Title: The State of Manipur Versus Mrs. Lhaineikim Lhouvum @ Kikim & Anr., Crl. A. No. 11 of 2024

Citation: 2024 LiveLaw (Man) 8

Click here to read/download the judgment