High Court of Meghalaya
Shri. Khroo Rymbai vs . State Of Meghalaya. on 12 May, 2022
Serial No. 01
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
AB. No. 8 of 2022
Date of Decision: 12.05.2022
Shri. Khroo Rymbai Vs. State of Meghalaya.
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. S.M. Suna, Adv.
For the Respondent(s) : Mr. A.H. Hazarika, GA.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
JUDGMENT AND ORDER (ORAL)
1. Heard Mr. S.M. Suna, learned counsel for the petitioner who has
submitted that the petitioner has been named in an FIR lodged by one Shri
Man Dkhar alleging that he is involved in a case of assault on the night of
05.04.2022, wherein the brother of the complainant Shri. Mul Dkhar was
said to have been viciously assaulted and beaten by two people, one of which
is the petitioner herein. The FIR was registered as Jowai P.S. Case No.
39(4)2022, under Sections 307/34 IPC.
2. Being apprehensive of imminent arrest by the police in connection
with the said abovementioned case, the petitioner at the first instance, had
approached the Court of the learned Sessions Judge, Jowai on 08.04.2022
with an application praying for grant of pre-arrest bail which was rejected.
3. The petitioner went on to say that the alleged FIR dated 07.04.2022
is faked and incomprehensive, inasmuch as, details of the injuries suffered
by the victim has not been pointed out and the weapon of assault was also
not clearly described. It is also reliably learnt that the victim was admitted
at the hospital only for one day and was discharged thereafter.
4. Again, it is submitted that the petitioner is a permanent resident of
Khliehtyrshi village, West Jaintia Hills and has good antecedents with no
criminal record against him, and if enlarged on bail, he will not abscond or
tamper with the evidence or intimidate the witnesses, but will fully cooperate
with the investigation.
5. It is further submitted that this Court vide order dated 27.04.2022
had granted interim bail to the petitioner with conditions stipulated therein
which was duly complied by the petitioner, inasmuch as, he had appeared
before the Investigating Officer and his statement was also recorded under
Section 161 as well as under Section 164 Cr.P.C.
6. Pointing out that it has always been a precedent and a well
followed principle in bail jurisprudence that bail is the rule, while jail is an
exception, therefore the prayer of the petitioner for grant of pre-arrest bail
may be allowed with any conditions to be imposed by this Court as deemed
fit and proper.
7. Mr. A.H. Hazarika, learned GA appearing for the State respondent
has submitted that the case diary as called for has been duly produced before
this Court and on perusal of the same, this Court will find that the petitioner
has duly appeared before the I/O and has also given her statement.
Therefore, on perusal of the said case diary, this Court will pass necessary
orders in this regard.
8. On consideration of the submissions made, this Court has also
perused the case diary and from the contents of the same, it can be seen that
the fact that the victim Shri. Mul Dkhar has indeed sustained injuries on his
person when on 06.04.2022 at about 11:00/11:30 A.M, he was found by
some villagers lying by the roadside bleeding all over the face and severely
injured. The police on being informed immediately came to the place of
occurrence and shifted the injured to Jowai Civil Hospital where he was
initially given treatment and was then referred to NEIGRIHMS, Shillong
where he was treated for the said injuries.
9. On being discharged from the hospital, the victim was questioned
by the I/O and his version of the incident was noted down. In his statement
under Section 161 Cr.P.C, where the victim has narrated that on 05.04.2022,
in the evening, he was in the house of his friend and about 9:00 P.M, he left
the house to go to the house of his brother Shri. Lang Dkhar. On the way
near the pig farm shed of the Veterinary Office, he suddenly met the
petitioner therein and his stepson Nida-O Ryngkhlem who were coming
from the opposite direction and on seeing him, they assaulted him with sharp
weapons without any reasons for which he sustained serious injuries and
became unconscious till he was found by the villagers on the next day.
10. The petitioner on the other hand, though admitting that he along
with Nida-O Ryngkhlem met the victim on the said date i.e. 05.04.2022,
however, his version is that the victim who was already drunk asked them if
they had brought some liquor to which the duo replied in the positive and
the three of them started to drink together. In course of drinking, some
argument started and a fight soon ensue resulting in the injuries received by
the said victim.
11. Though, the statement recorded by the I/O will not be admissible
in evidence, however, from the contents thereof, the Court can come to a
finding as to whether there is a prima facie case made out against the
accused. At this juncture, the fact that the victim has sustained injuries for
which he has to be treated for the same cannot be denied. The fact that such
injuries were sustained as a result of an assault directed against the victim
can also not be denied. Prima facie, the fingers would point to the petitioner
and his accomplice as the persons responsible for the assault on the victim.
12. It is well settled that in a case of consideration of an application
for grant of bail or pre-arrest bail, the nature and gravity of the offence
alleged has to be taken into account amongst other considerations.
13. Again, from the case diary, it is seen that the petitioner has also
got his statement recorded under Section 164 Cr.P.C in which he has given
a different version of his involvement in the case, inasmuch as, he has stated
that the fight was between the victim and Shri Nida-O Ryngkhlem.
14. Be that as it may, this Court will not venture into the realm of
evidence since the investigation has not yet been completed. However, since
the petitioner has joined investigation and apparently a case of apprehension
has been made out, therefore, this Court is inclined to allow the prayer of the
petitioner.
15. Accordingly, in the event of his arrest, the petitioner is directed to
be released on bail on the following conditions: -
i) that he shall not abscond or tamper with the evidence and
witnesses;
ii) that he shall cooperate with the I/O as and when required;
iii) that he shall not leave the jurisdiction of the State without the
prior permission of the I/O or the competent court; and
iv) that he shall produce a personal bond of ₹ 20,000/- (Rupees
twenty thousand) only along with two sureties of like amount.
16. The interim bail granted is hereby made absolute.
17. With the above, this petition is hereby disposed of.
18. Registry is directed to send back the case diary.
Judge
Meghalaya
12.05.2022
"N. Swer, Stenographer"
