DIMAPUR, MAY 21 (MExN): Terming it as “special consideration” Mezivolu.T.Therieh, Judicial Magistrate First Class, Kohima today granted bail to “accused no. 4, H. Yakhila Yim and accused no. 10, Tsuyumla Yim, the former of whom is pregnant and the latter who is a mother having a 2 months old baby”.
The order stated that though the counsel for the accused persons have not produced any relevant documents/ medical reports to prove the above point that these two accused persons are under such circumstances and though the prosecution was silent on this, the Court stated that it was “of the opinion that a conditional bail of 15 days time be granted”. The Court however stipulated that the two accused shall not leave the jurisdiction of Kohima without the prior permission of the Court and to report before the I.O on a day-to-day basis. Both accused persons have been told to report before the Court on 4/6/2012. However the bail plea of the rest of the accused persons has declined by the Court.
As per the details of the order, the brief facts of the case is that an FIR was lodged by the Complainant who is the Principal Director of Health & Family Welfare, through the S.P, Kohima stating that the Department was in receipt of 13 nos. of Service Books along with appointment orders which were found to be forged. It further stated that the Appointment Orders were not issued by the Department and the signature of the Principal Director does not tally with the office records. Also the file numbers quoted were non existence in the records. Further there was a plastic bags containing the service books and an amount of Rs.1,40,000 (Rupees one lakh forty thousand) only and accordingly a non cognizable offence and Non-bailable offence were charged against the accused persons and accordingly arrested.
While considering the submissions of both sides, the Court ruled that there appeared to be a prima facie case of “commission of a serious non-bailable offence where the sentence amounts to 7 years imprisonment and fine”. Stating that the nature of such cases are rampant in various governmental departments causing serious threat to the State and affecting the peace and harmony of its citizens, the Court observed that some of the accused persons are yet to be apprehended. “So with investigation in full swing to establish its case, it is pre mature to release the accused persons on bail as their release may interfere with the smooth investigation at this stage”, the Court ruled.
