The programme was organised under the aegis of Manipur State Legal Services Authority (MASLSA) bearing in mind the wider campaign at the national level to prevent unnecessary arrest and detention, said press statement
TFM Desk
District Legal Services Authority (DLSA), Imphal West has organised an Online Capacity Building Programme for Panel Lawyers, PLVs and relevant stakeholders of Imphal West district on the theme “Pre-Arrest, Arrest, Remand and Bail” with special focus on remand and bail through Jitsi Meet platform.
The programme was organised on Saturday under the aegis of Manipur State Legal Services Authority (MASLSA) bearing in mind the wider campaign at the national level to prevent unnecessary arrest and detention, said press statement.
Aribam Guneshwar Sharma, MJS, District and Sessions Judge, Imphal West cum Chairperson, DLSA, Imphal West, was the main speaker of the programme. He elaborated on the finer details and nuances with respect to arrest and remand.
Y Somorjit Singh, MJS, Chief Judicial Magistrate, Imphal West cum Secretary, DLSA, Imphal West disseminated the various aspects with regard to bail. In is presentation, Somojit highlighted that the overall goal of Saturday’s programme was to aim towards the “Bail not Jail” theme.
Both the speakers approached the theme of the programme by dwelling on the varying circumstances for remand and bail with respect to different provisions of law and specific acts enacted to deal with specific problems such as the difference in the number of days for remand under Sec 167 of The Code of Criminal Procedure, 1973 (CrPC) and under the Unlawful Activities (Prevention) Act, 1967.
Past precedent cases and landmark rulings passed by the Hon’ble Supreme Court and other courts with respect to arrest and bail such as the Arnesh Kumar vs State of Bihar 2014 case were also cited and discussed by the speakers.
The concept of bailable and non-bailable offences, different types of bail such as normal bail, anticipatory bail, interim bail etc and the various conditions to be considered for bail under different circumstances such as (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge;(iii) severity of the punishment in the event of conviction; (iv) danger of accused absconding or fleeing if released on bail; (v) character, behavior, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being tampered with; and (viii) danger, of course, of justice being thwarted by grant of bail were liberally explained by the speakers.
A lively interaction session followed the presentation of the speakers with participants raising queries with respect to the correct procedures to be followed while applying for bail, maintainability of different types of bail applications, the possibility of exploitation of loopholes in the justice system through bails and such other instances by citing past as well as recent and ongoing cases.
The speakers expressed their views and opinions to satisfactorily resolve the apprehensions and doubts raised by the participants. Both the speakers, throughout the programme, shared anecdotes and personal experiences in terms of the unique experiences and challenges faced throughout their careers as presiding officers at various courts, which kept the participants engrossed and enthralled.
DLSA Imphal West expressed gratitude to MASLSA for the overall guidance and direction provided by taking the initiative to encourage such programmes.