Nagaland: ‘Dead’ man arrested, Gauhati high court denies bail
Kohima: The Kohima bench of the Gauhati high court in Nagaland heard a peculiar case on July 23, involving a bail applicant, who had previously faked his death to get a criminal case against him abated.
The accused, P Malingpam, was found alive when he was arrested in another case.
On Tuesday (July 23), he filed a bail plea seeking release under section 439 of the criminal procedure code (CrPC) and section 37 of the narcotic drugs and psychotropic substances (NDPS) act.
According to court records, Malingpam was arrested in 2019 for a drug offense registered by the narcotic cell police station under section 21(b) of the NDPS act.
He had filed three previous bail applications with the special judge of NDPS court in Kohima, Nagaland all of which were rejected, the most recent being on June 20.
In his latest plea before the Kohima bench of the Gauhati high court, Malingpam sought release on humanitarian grounds, claiming his wife was scheduled to undergo surgery and needed his assistance.
However, the court rejected his plea.
Justice Budi Habung noted that the trial court had already considered all the grounds presented by the petitioner and had rejected his bail applications after reviewing the records and submissions.
Justice Habung also highlighted the unusual circumstances of Malingpam's previous case, which had been abated after he produced a death certificate.
The court reopened the abated case when it was discovered that Malingpam was alive and involved in another criminal matter.
Justice Habung pointed out that the trial court had previously denied bail due to the high risk of Malingpam absconding again.
During the July 23 hearing, the public prosecutor opposed the bail application, arguing that there was sufficient evidence against Malingpam in the current case.
The prosecutor also noted that Malingpam had faked his death in the past by submitting a false death certificate.
Justice Habung, considering the charges and evidence against Malingpam, ruled that he was not entitled to bail.
“In view of the observations made above, I am not inclined to grant bail to the accused at this stage. Accordingly, the bail application stands rejected,” the judge ruled.
