Lobilian Marpna v. State of Meghalaya and Anr

JUDGMENT AND ORDER (ORAL)

¶1Heard Ms. S.K. Nongrum, learned counsel for the applicant.

¶2Mr. K. Khan, learned PP assisted by Mr. J.N. Rynah, learned GA and Mr. S. Sengupta, learned Addl. PP for the State respondents has produced the latest status report filed by the Investigating Officer, the same is hereby brought on record and marked as Annexure-X. It is the submission of the learned PP that the accused person in question i.e. Shri. Lasterfield Bortiew is said to be involved in connection with Mawsynram P.S. Case No. 01(01) 2025 under Section 5(j)(ii)/6 of the POCSO Act.

¶3The learned PP also submits that the accused person, on being summoned by the Investigating Officer, has duly appeared, and is cooperating with the ongoing investigation. It is the further submission of the learned PP that this would indicate that the Investigating Officer in all probability will not choose to arrest the said accused person, unless he fails to cooperate with the ongoing investigation. He, however submits that there is no strong objection if any order is passed in favour of the accused person

as far as this instant application is concerned.

¶4This Court on consideration of the submission made, is in agreement with the learned PP to say that the tone and tenor of the status report of the Investigating Officer would indicate that there is no likelihood of the accused person to be arrested.

¶5Be that as it may, as far as this Court is concerned, considering the total facts and circumstances as could be seen from the petition in hand, that is, the relationship of the accused person with the survivor and also with the complainant, it will not be out of place to allow the prayer made.

¶6Accordingly, in the event of his arrest, the accused person in question is to be released on bail on the following conditions that:

i) He shall not abscond or tamper with the evidence and witnesses;

ii) He shall bind himself on a personal bond of ₹ 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the Trial Court;

iii) He shall appear before the Investigating Officer as and when required; and

iv) He shall not leave the jurisdiction of the State of Meghalaya without the permission of the Investigating Officer.

¶7Needless to say, it is open to the Investigating Officer to file an appropriate application before the Trial Court for seeking arrest of the accused person in question in case he fails to cooperate with the investigation.

¶8In view of the above, this application is accordingly disposed of.

Judge

Date: 2025.02.06 17:29:47 IST

Serial No. 04 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG AB. No. 1 of 2025 Date of Decision: 06.02.2025 Shri. Lobilian Marpna, Wife of (L) Lumstarwell Kharshandi, Resident of Mawsynram Dongneng East Khasi Hills District, Meghalaya. ……..Applicant - Vs- 1. State of Meghalaya represented by Chief Secretary, Government of Meghalaya. 2. Investigating Officer (IO), Mawsynram Police Station, East Khasi Hills District, Meghalaya. ……..Respondents Coram: Hon'ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioner/Appellant(s) : Ms. S.K. Nongrum, Adv. Mr. A.M. Pala, Adv. For the Respondent(s) : Mr. K. Khan, PP with Mr. J.N. Rynjah, GA. Mr. S. Sengupta, Addl. PP. i) Whether approved for reporting in Law journals etc.: ii) Whether approved for publication in press: