Northeast

Give three-day prior notice to N Samarjit in case arrest is required: Court

Samarjit is apprehensive that he would be arrested and detained in custody on false charges of non bailable offences and thus prays for granting the prayer, his counsel stated.

ByIFP Bureau

Updated 10 May 2022, 5:32 pm

(Representational Image: Unsplash)
(Representational Image: Unsplash)

In view of the instruction given to appear before Lamphel Police station, the Session Judge, Imphal West directed the investigating authority to comply with the provisions laid under section 41 and 41 A of the CPC, thereby giving prior notice of three days to Narengbam Samarjit, in case his arrest is required.

Separatist leader N Samarjit who declared Manipur’s independence in London filed an anticipatory bail for granting pre-arrest bail, coupled with ad-interim relief before the court.

His counsel submitted that Samarjit had just been released on interim bail on medical grounds on March 17, 2022 with an order passed by the Special Judge, (NIA), Manipur in Cril Misc (B) Case No 3 of 2022 with reference to FIR No. 223(10)2019 LPS U/s 121/121A/123/153-A/505-B/124-A/120-B IPC subsequently re-registered as RC-12/2019/NIA GUW.

After his release, he is on constant medical treatment till date and the doctor has advised him to take bed rest, his counsel stated. Since his release, he has been abiding by all the directions and conditions imposed by the Special Judge (NIA), Manipur, his counsel added.

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On May 5, some police personnel identified themselves as personnel of Lamphel Police station came and informed Samarjit to appear before the police station in connection with the FIR case. He, however, could not appear on the same day due to his condition, his counsel added.  

It was submitted that the same police team informed him again on the following day to appear before the police station and threatened that he shall be arrested if he fails to appear.

“Samarjit was not an accused in the FIR case for which the police have asked him to appear before the Police Station,” the counsel submitted.

Samarjit is apprehensive that he would be arrested and detained in custody on false charges of non bailable offences and thus prays for granting the prayer, his counsel stated.

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After hearing the submission, the court noticed that Samarjit is not named as an accused in the referred FIR case.

The court directed that the investigating authority must comply 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.

 

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First published:9 May 2022, 5:05 pm

Tags:

manipurn samarjitarrest bail

IFP Bureau

IFP Bureau

IMPHAL, Manipur

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