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1986 DIGILAW 102 (GAU)

Kapuyu Konyak v. State of Nagaland

1986-08-22

S.HAQUE

body1986
The petitioner Mr. Kapuyee Konyak is an accused of GR Case No. 58/85 arising out of Tizit P.S. Case No. 1 (5)/85 under Sec. 307/302/506 IPC. He was arrested on 25-5-85. He is a minor boy, aged about 15 years, and was a student of Class-V in the year, 1983. School certificate is submitted (Annexure-2 to this petition). The Addl. District Magistrate, Mon District, by a speaking order granted bail to the petitio­ner on 26-8-85. But the Addl. District Magistrate again cancelled that bail order, by his order dated 28-8-85 and the petitioner could not avail his bail liberty granted on 26-8-85. Perused the impugned order dated 28-8-85. The Addl. Dis­trict Magistrate was unjust and committed serious illegality by cancelling the bail order on nectarous ground without hearing the accused/petitioner. The accused/petitioner was in jail custody for 90 days up to 25-8-35 and on the next day i.e. on 26-8-85 he acquired right and obtained bail under the provision of proviso (a)(1) of Sub-sec. (2) of Sec. 167 of the Criminal Procedure Code which reads as under:- "That no Magistrate shall authorise the detention of accused person in custody for a total period exceeding 90 days, where the investigation relates to an offence punishable with death, imprisonment for life or imprison­ment for a term of not less than 10 years; and, on the expiry of the said period of 90 days the accused person shall be released on bail if he is prepared to and does furnish bail and every person released on bail under this sub-section shall be deemed to be so released under the provision of Chapter XXXIII of the Code." Thus, on 26-8-85 the petitioner as of right obtained the bail order and the Addl. District Magistrate concerned had no authority to detain him in custody after that the 26-8-85 as he was prepared to furnish bail. Cancellation of the bail by an illegal order on extraneous ground on 28-8-85 and detaining the accused/ petitioner in jail would amount to wrongful confinement for civil action. Such order should never be encouraged. Authorities dealing with dispensing justice should never be influenced with extraneous memorandum or message from any influential person. Officers dealing such matters (Judicial matters) should be very cautious and should never be influenced by extraneous grounds or whispering. It is apparent from the order dt. Such order should never be encouraged. Authorities dealing with dispensing justice should never be influenced with extraneous memorandum or message from any influential person. Officers dealing such matters (Judicial matters) should be very cautious and should never be influenced by extraneous grounds or whispering. It is apparent from the order dt. 28-8-85 that the A.D.M., Mon, was failing in duty for not taking appropriate action against the persons including the M.L.A. concerned whom he obliged by passing the illegal order can­celling bail of the accused. The Presiding Officer obliging such extraneous influence in that manner as focused in his own order perhaps also committed contempt of his own court and brou­ght disrepute to judicial administration. It is for such reasons that judicial separation from executive is necessary so that Officers entrusted with dispensing justice can discharge duties without fear or favour. This revision is allowed. The impugned order dated 28-8-85 of the Addl. District Magistrate, MON in GR Case No. 59/85 is hereby set aside. The order of bail dated 26-8-85 in that case stands and the accused/petitioner to avail his liberty, Inform all concerned. A copy of this order be sent to the Secretary, Law Deptt., Nagaland for circulation. Send down the original case record to the trial court to proceed with the trial. Asstt. Advocate General informs that the charge-sheet of this case had been submitted. Mr. J.S. Choudhury learned counsel informs at this stage that the Addl. District Magistrate, MON subsequently granted fresh bail order, after some days, on the interim direction of Hon'ble High Court in Crl. Misc. Case No. 438/85 on 11-9-85 till disposal of this Crl. Revision. The petitioner could avail his legal right of liberty only after 11-9-85.