Gopal Basumatari vs State Of Meghalaya

W. Diengdoh, J

Heard Mr. P.S. Biswas, learned counsel for the petitioner, who has submitted that the petitioner has been impleaded as an accused in GR Case No. 66/2015 under Section 380/34 IPC pending before the Court of the learned Judicial Magistrate, First Class, East Jaintia Hills District, Khliehriat. The stage of the case is for appearance of the accused and for recording of evidence of the prosecution witnesses.

It is the submission of the learned counsel that the petitioner has not received any summons to appear before the court, but only when the process thereafter was initiated that he came to know of his involvement in the case.

This being the case, apprehending imminent arrest, the petitioner has approached this Court with this instant application with a prayer for grant of pre-arrest bail, and further, with an undertaking that he will appear before the court as and when required.

Mr. R. Gurung, learned GA appearing for the opposite party has submitted that this is a long pending case and that the petitioner having not been arrested for so long, therefore, there is no question of apprehension. It is prayed that this petition may be dismissed.

This Court has considered the submission made, and has also looked into the sections of law involved i.e. Section 380 which carries therein a period of punishment which may extend to seven years, with fine.

Without going into the issue of whether relevant notice has been issued upon the petitioner/accused, this Court, at this juncture, taking into consideration the facts and circumstances and also that the stage of the case is for recording of evidence, therefore, the prayer of the petitioner is hereby considered on certain conditions to be imposed.

Accordingly, in the event of his arrest, the petitioner/accused is directed to be enlarged on bail on the following conditions:

i) That he shall not abscond or tamper with the evidence or witnesses;

ii) That he shall attend court as and when called for;

iii) That he shall not leave the jurisdiction of Meghalaya, except with due permission of the court concerned; and

iv) That he shall bind himself on a personal bond of ₹30,000/- (Rupees thirty thousand) with one surety of like amount to the satisfaction of the Trial Court.

In view of the above, this petition is disposed of accordingly. No costs.