logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 Meg HC 034 print Preview print print
Court : High Court of Meghalaya
Case No : AB. No. 1 of 2026
Judges: THE HONOURABLE MR. JUSTICE W. DIENGDOH
Parties : Spelmon Shillangam Versus State of Meghalaya represented by its Secretary, Home Police Department, Shillong & Others
Appearing Advocates : For the Petitioner: Th. Rakesh Singh, R. Fancon, M. Marak, Advocates. For the Respondents: N.G. Shylla, Sr. GA with H. Abraham, GA.
Date of Judgment : 01-04-2026
Head Note :-
BNS - Section 109 -

Comparative Citation:
2026 MLHC 291,
Judgment :-

Judgment & Order (Oral):

1. Heard Mr. Th. Rakesh Singh, learned counsel for the petitioner/accused, who has submitted that an FIR was lodged on 03.03.2026 before the Officer-in-Charge, Ladrymbai Police Outpost, Ladrymbai by one Shri. Dawanoo Rymbai, the contents of such information being that, on the said date, there was a spot inspection of a disputed land between two villages i.e. Lama Village and Lakadong Ummat Village in East Jaintia Hills District, wherein, the residents of both villages have gathered at the said place of inspection. In the midst of such inspection, it was alleged that the petitioner/accused along with others present were armed with firearms, and ultimately, had opened fire on the gathering, as a result of which, three villagers of Lama Village were seriously injured.

2. Accordingly, on receipt of such information, an FIR was filed and a case was registered being Khliehriat P.S. Case No. 104 of 2026 under Section 109 BNS, 2023.

3. The learned counsel also submits that the petitioner/accused was not present when the said incident had taken place, since on the said date i.e. 03.03.2026, he was attending to his ailing mother at Woodland Hospital, Nangbah, West Jaintia Hills District, and also on the said date, he had visited a doctor for his personal treatment, for which medical prescription was issued to him, the same being annexed as Annexure-4 in this petition. However, the learned counsel would submit that, the allegation that some of the eye-witnesses had seen him at the place of occurrence on the said date of incident, is not correct.

4. It is also the submission of the learned counsel that, because of the fact that he was said to be involved in the said incident, therefore, the police are on the lookout to arrest him, hence the apprehension of imminent arrest.

5. The learned counsel further submits that the petitioner/accused, being a school teacher with a strong societal standing, if arrested, his reputation would suffer which will cause prejudice to him. He therefore submits that the petitioner/accused, if released on bail, will abide by any conditions that this Court may impose. It is also submitted that the petitioner/accused on interim bail being granted to him by this Court, as directed, had appeared before the Investigating Officer on two occasions, and his statement was recorded.

6. Per contra, Mrs. N.G. Shylla, learned Sr. GA assisted by Mr. H. Abraham, learned GA appearing for the State respondent, has strongly opposed the prayer made, and has contended that the investigation carried out by the Investigating Officer as far as the petitioner/accused is concerned, would confirm that his plea of alibi cannot be sustained, inasmuch as, on being directed by this Court to make a detailed inquiry on this aspect of the matter, the Investigating Officer has filed the status report dated 01.04.2026 before this Court today, the same is brought on record and marked as Annexure-X. It has been stated that the Investigating Officer, had visited the said doctor, who has allegedly treated the petitioner/accused, and who is said to have issued the said medical prescription. However, the Investigating Officer has found out that the said doctor i.e. Dr. Dapmi Hinge does not run any private clinic at Jowai, since he has visited the doctor at Nangbah Primary Health Centre (PHC), West Jaintia Hills District, which is at a considerable distance from Jowai. This doctor has however stated that, though, he could not clearly recollect the exact date, but he did mention that on one morning, the petitioner/accused had come to his official quarters at PHC, West Jaintia Hills District complaining of a common illness, and accordingly, he had prescribed some medicines.

7. This being the case, the learned Sr. GA submits that the claim of the petitioner/accused is unfounded, and since, false information has been given by him, he is therefore not entitled to any relief by this Court. She therefore prays that this petition may be dismissed as devoid of merits.

8. This Court, on consideration of the submission made on the facts stated hereinabove, is made to understand that an incident has taken place on 03.03.2026, wherein, there was some altercation and commotion between two rival parties, resulting in firing and gunshots in which some persons are said to have been injured.

9. From the materials on record, it is also noted that some of the eyewitnesses who were present at the place of occurrence, had given their statement to the police and have named some of those who are present in the said gathering, and who are also responsible for the said incident, the petitioner/accused herein being one of such named persons.

10. This Court, on perusal of the offence alleged to have been committed by the perpetrators, has also noted that the sections of law involved are serious in nature, one of which involves an attempt to murder, the punishment of which being life imprisonment.

11. It is also submitted at the bar that the investigation is still ongoing and the charge sheet have not yet been filed.

12. On perusal of the said status report filed by the Investigating Officer, it is found mentioned that the said doctor does not run any private clinic at Jowai, and this fact was also affirmed by the learned Sr. GA, the learned counsel for the petitioner/accused has however countered by stating that the clinic run by the said doctor, is actually situated at Nangbah, a place which is located at some distance from Jowai. The fact that the said doctor has also acknowledged having examined or rather treated the petitioner/accused at his official quarters i.e. at Nangbah has also been noted by the Investigating Officer.

13. Under such circumstances, this Court would not be in a position to either affirmed or to discard the contents of whether the plea of alibi is wellfounded or not. It would eventually be a matter of evidence in course of trial.

14. Be that as it may, since the petitioner/accused has already made himself available for questioning by the Investigating Officer, and considering the fact that he is a school teacher by profession having some standing in the society, coupled with the fact that there is reasonable apprehension of his imminent arrest, notwithstanding the findings of the investigation, at this point of time, this Court is inclined to allow the prayer made by the petitioner/accused.

15. Accordingly, in the event of his arrest, the petitioner/accused is directed to be released 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.

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

 
  CDJLawJournal