Thounaojam Ibobi Singh v. State of Manipur

Item No. 11 IN THE HIGH COURT OF MANIPUR AT IMPHAL

Crl. M.C. No. 4 of 2023

Thounaojam Ibobi Singh ….Petitioner -Versus -

State of Manipur …Respondents BEFORE HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA

18.07.2023

[1]

Mr. S. Biswajit, learned senior counsel assisted by Ms. Prista, learned counsel for the petitioner and Mr. Y. Ashang, learned PP for the State. [2]

The petitioner is one of the accused in Enquiry case No. 2/SP-V&AC/2018 lodged in vigilance and the Anti-Corruption Department, Government of Manipur. [3]

Vide order dated 26.08.2019 in AB No. 9 of 2018, AB No. 10 of 2018, AB No. 11 of 2018 and AB No. 15 of 2018, the petitioner and the other accused were granted anticipatory bail under section 438 CrPC by this Court with certain directions reads as follows:- "56. Accordingly. a) All the Anticipatory Bail Applications are allowed. b) All the Petitioners are directed to be released on Anticipatory Bail on condition that each Petitioner should execute two sureties of the like sum of Rs. 1,00,000/- each to the satisfaction of learned Special Judge, Imphal. c) The Petitioners are directed to appear before the Respondent Police as and when required for Investigation. d) The Petitioners are directed not to leave the Country without prior permission from this Hon'ble Court." KABORA MBAM SAPANA CHANU by KABORAMBAM SAPANA CHANU Date: 2023.07.18 16:34:41 -07'00'

[4]

The petitioners were directed not to leave the country without prior permission from this Court. It is stated that the petitioner is visiting Canada to meet his son who is working there and he got Visa from the Canadian Embassy in this regard for visiting Canada for the period from 29.05.2023 to

04.11.2027 and the petitioner is planning to visit Canada from 07.08.2023 and is likely to return India on 06.09.2023. In terms of Para 56(d) of the order dated

26.08.2019, the petitioner seeks leave of this Court to travel outside India to Canada between the period from 07.08.2023 to 06.09.2023. [5]

Mr. Y. Ashang, learned PP seeks 1 (one) weeks' time for obtaining instructions from the State Government as he has no instructions at the moment in this regard. [6]

Mr. S. Biswajit, learned senior counsel for the petitioner submits that no instructions will be required as the petitioner who is on bail has been cooperating with the investigation and there is no instance of violation of any conditions laid down by this Court and submitted this Court has ample power to decide this matter without instructions from the State Government. [7]

Heard the submission of the learned counsel for the parties. The petitioner is approaching this Court seeking leave to travel outside India in terms of Para 56(d) of the common order dated 26.08.2019 passed by this Court. This Court is of the view that this application can be disposed of without seeking reply from the State respondents as generally done in similar cases also.

Accordingly, the petitioner is permitted to travel to Canada w.e.f.

07.08.2023 to 06.09.2023. On return to India, the petitioner is directed to file an affidavit to the effect of returning to India/Manipur on or before 06.09.2023 and submit such information to the Investigation Officer.

With this observation the application is disposed of.

JUDGE Sapana