GANGTOK, 03 June: The High Court of Sikkim granted interim relief to the Martam-Rumtek MLA, Dr Mechung Bhutia, today after a single bench judge stayed the proceedings of his arrest till further orders of the Court.
Chief Justice Narendra Kumar Jain, after hearing the bail application moved by the MLA on a complaint by Sonam Dadul Bhutia, stayed the arrest and further proceedings against him till further orders and also directed the state to place the case details in the next hearing posted for Thursday.
Pleading the case on the behalf of the MLA, Senior Counsel KT Bhutia contended that the First Information Report of the case was “missing” and that the first FIR copy was lodged around 9:20 PM in the evening of the day of the incident while the second FIR, which he claims, was well-thought and planned, was lodged five hours after of the alleged incident.
The Senior Counsel informs that in the first FIR, it was reported that the Martam-Rumtek MLA blocked the complainant's way wrongfully and kicked his vehicle and also abused him. The MLA was also accused of threatening the complainant with dire consequences.
However, in the second FIR registered with the Singtam Police five non-bailable sections 447/341/353/427/506 [criminal trespass, wrongful restraint, assault to deter public servant from discharge of his duties, punishment for criminal intimidation, mischief causing damage of property] of IPC have been invoked.
The MLA had approached the High Court for bail last Friday after a trial court rejected his bail application.
Dr. Bhutia has not yet taken oath of office as an elected member of the Sikkim Legislative Assembly citing ill-health and other circumstances in his application addressed to Secretary, SLA.
On the other hand, the Singtam Police has sought permission from SLA to book the MLA for allegedly beating up and wrongfully restraining Sonam Dadul Bhutia under various sections of the IPC.
Senior officials of the SLA confirm that they had received a formal communication from Sikkim Police on 28 May and have examined the case. The SLA has also sought legal opinion from Additional Advocate General on the matter and will submit for further action to the Speaker of Sikkim Legislative Assembly only after obtaining legal opinion.
Chief Justice Narendra Kumar Jain, after hearing the bail application moved by the MLA on a complaint by Sonam Dadul Bhutia, stayed the arrest and further proceedings against him till further orders and also directed the state to place the case details in the next hearing posted for Thursday.
Pleading the case on the behalf of the MLA, Senior Counsel KT Bhutia contended that the First Information Report of the case was “missing” and that the first FIR copy was lodged around 9:20 PM in the evening of the day of the incident while the second FIR, which he claims, was well-thought and planned, was lodged five hours after of the alleged incident.
The Senior Counsel informs that in the first FIR, it was reported that the Martam-Rumtek MLA blocked the complainant's way wrongfully and kicked his vehicle and also abused him. The MLA was also accused of threatening the complainant with dire consequences.
However, in the second FIR registered with the Singtam Police five non-bailable sections 447/341/353/427/506 [criminal trespass, wrongful restraint, assault to deter public servant from discharge of his duties, punishment for criminal intimidation, mischief causing damage of property] of IPC have been invoked.
The MLA had approached the High Court for bail last Friday after a trial court rejected his bail application.
Dr. Bhutia has not yet taken oath of office as an elected member of the Sikkim Legislative Assembly citing ill-health and other circumstances in his application addressed to Secretary, SLA.
On the other hand, the Singtam Police has sought permission from SLA to book the MLA for allegedly beating up and wrongfully restraining Sonam Dadul Bhutia under various sections of the IPC.
Senior officials of the SLA confirm that they had received a formal communication from Sikkim Police on 28 May and have examined the case. The SLA has also sought legal opinion from Additional Advocate General on the matter and will submit for further action to the Speaker of Sikkim Legislative Assembly only after obtaining legal opinion.
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