A single bench of the High Court of Manipur on Wednesday directed the Special Judge (POCSO), Imphal West to release Md Feiz alias Mohammad, son of Md Sanayai of Mayang Imphal, Bengoon Mamang Lourak in connection with FIR No. 28(9) 2020, Women Police station, Imphal West by furnishing a personal bond of Rs 50,000.
Justice Ahanthem Bimol of the High Court of Manipur issued the direction, observing that the accused has been in custody for the last about one-and-half year and that the trial is yet to be started, and the conclusion of the trial will take a long time.
The High Court gave the condition against the accused that he shall not leave the place of his residences without permission of the trial court and shall ordinarily reside at a place of residence and the complete address of such place shall be furnished to the trial court at the time of release.
He shall appear before the trial court weekly twice i.e., Monday and Friday at 10.30 am. until further orders. If he has a passport, he shall also surrender the same to the Trial Court, the high court stated.
The accused shall not contact nor visit nor threaten nor offer any inducement to the family of the victim or the complainant or any of the prosecution witnesses. The accused shall not tamper with evidence nor otherwise indulge in any act or omission that would prejudice the proceedings in the matter, it added.
If the accused Md Feiz misuses the liberty or violates any of the conditions imposed upon him, the prosecution shall be at liberty to move the court for cancellation of the bail, the court further stated.
The accused was arrested on September 4, 2020 in connection with the FIR and he has been in custody since then till today for the last about one and half year.
The charge-sheet was submitted by the investigating officer on December 1, 2020; however, no charge has been framed till today, and the trial has not yet commenced yet.
The High Court opined that due to the non-completion of submission of charge-sheet, the submission of supplementary charge-sheet is permissible under the CrPC. Just because the prosecution has stated that supplementary charge-sheet will be submitted later on does not amount to non-submission of the charge-sheet as contemplated under Section 167 CrPC and accordingly, the court is not inclined to grant bail on this ground as well, it stated.
However, the court agrees with the contention raised by the counsel, for the accused has been in custody for the last about one and half year and that the trial is yet to be started and that the conclusion of the trial will take a long time, it observed.
