Lan Suchen @ Francis Suchen v. State of Meghalaya and Ors

JUDGMENT AND ORDER (ORAL)

¶1Heard Ms. A.D. Syiem, learned counsel for the petitioner, who has submitted that this application has been filed with a prayer for grant of anticipatory bail on the ground that the petitioner apprehends arrest in connection with Khliehriat P.S. Case No. 104 of 2026 under Section 109 BNS, 2023.

¶2It is the further submission of the learned counsel that on 03.03. 2026 there was a gathering of people at a place called Khlieh Wah Rakhiang, East Jaintia Hills District with regard to a dispute over land matters. The dispute obviously is between two rival groups of two different localities.

¶3In the ensuing inspection or process thereof, it is said that an altercation took place and as a result of which some gunshot were openly fired injuring a number of people. Hence, the FIR.

¶4The learned counsel has also submitted that the petitioner herein is not at all involved in the said dispute and has accordingly approached the Session Court, East Jaintia Hills District for grant of anticipatory bail which was rejected vide order dated 16th March, 2026. In view of the said rejection order, the petitioner has now approached this Court with this instant petition with a prayer for

grant of anticipatory bail with any conditions that this Court may impose.

¶5Mrs. N.G. Shylla, learned Sr. GA appearing for the State respondent has pointed out that irrespective of the argument on merits as far as this instant application is concerned, the fact remains that the petitioner has failed to point out that by the said order dated

16.03.2026, the learned Session Judge while rejecting the application for grant of anticipatory bail on behalf of the petitioner herein, had directed the petitioner and others to surrender before the investigating officer within 48 hours. This direction was not complied with, and instead the petitioner has now approach this Court on similar grounds. Therefore, the Court's order having been violated the same would amount to contempt and under such circumstances the petitioner does not deserve any consideration or leniency as far as this prayer made herein is concerned. It is prayed that this petition may be dismissed as devoid of merits.

¶6This Court has considered the submission made by the parties and is also inclined to the submission made by the learned Senior GA in as much as, since the direction was given to the petitioner herein to surrender before the IO, the same not being complied with, therefore, he is guilty of contempt. Be that as it may, this Court will

not dwell on that premise, but would rather direct the petitioner to comply with the said order albeit, the same being done so belately.

¶7Accordingly, this petition is hereby dismissed with the direction to the petitioner to surrender before the IO within 48 hours from today. In the meantime, the petitioner is allowed free passage to appear before the said IO within the said stipulated time frame.

¶8It is clarified that this is not the direction for the IO to arrest the petitioner, though the discretion is given to the IO who will apply his discretion in accordance with law.

¶9Petition disposed of.

Judge

Meghalaya

15.04.2026 "Khraw"

Date: 2026.04.16 11:39:09 IST

HIGH COURT OF MEGHALAYA AT SHILLONG AB. No. 6 of 2026 Date of Decision: 15.04.2026 Shri. Lan Suchen @ Francis Suchen Son of Late. Shri. Wan Lyngdoh Resident of Ladlakadong East Jaintia Hills District, Meghalaya …. Petitioner Vs. 1. State of Meghalaya, Represented by its Secretary, Home Police Department, Govt. of Meghalaya, Shillong 2. Officer-in-charge, Ladrymbai Police Outpost, East Jaintia Hills District, Meghalaya 3. Officer-in-Charge, Khliehriat Police Station, East Jaintia Hills District, Meghalaya …. Respondents Coram: Hon'ble Mr. Justice W. Diengdoh, Judge i) Whether approved for reporting in Law journals etc.: ii) Whether approved for publication in press: Appearance: For the Petitioner/Appellant(s) : Ms. A.D. Syiem, Adv. Mr. G. Syngkrem, Adv. For the Respondent(s) : Mrs. N.G. Shylla, Sr. GA with Ms. S.KH. Nongrum, GA. Serial No. 10 Regular List