Meghalaya High Court
AB/15/2024 of TEIBERIUS KHARMYNDAI Vs STATE OF MEGHALAYA AND 2 ORS. on 6 November 2024
Regular List HIGH COURT OF MEGHALAYA AT SHILLONG AB. No. 15 of 2024 Date of Decision 06.11.2024 Shri. Teiberius Kharmyndai, S/o Dawan Kharmyndai Aged about 21 years R/o Nongspung village, East Khasi Hills District, Meghalaya. …… Petitioner -Vs- 1. State of Meghalaya Represented by
Serial No. 01
Regular List
HIGH COURT OF MEGHALAYAAT SHILLONG
AB. No. 15 of 2024
Date of Decision 06.11.2024
Shri. Teiberius Kharmyndai,S/o Dawan KharmyndaiAged about 21 yearsR/o Nongspung village,East Khasi Hills District,Meghalaya.
…… Petitioner
-Vs-
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1. State of MeghalayaRepresented by its Commissioner& Secretary, Home Department,Shillong.Represented by its Commissioner& Secretary, Home Department,Shillong.
2. The Investigation Officer/Police Inspector,Mawngap Police Station,East Khasi Hills District,Meghalaya.Mawngap Police Station,East Khasi Hills District,Meghalaya.
3. Smti. Mehilda Syiemiong,W/o Shri. Kynphamsing JyrwaR/o Pyndenglitha village,East Khasi Hills District,Meghalaya – 793121.W/o Shri. Kynphamsing JyrwaR/o Pyndenglitha village,East Khasi Hills District,Meghalaya – 793121.
…… RespondentsCoram:
Hon’ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner/Appellant(s)
: Mr. R. Majaw, Adv.
For the Respondent(s)
: Mr. S. Sengupta, Addl. PP. withMr. S.A. Sheikh, GA. for R 1 & 2.
i) Whether approved for reporting in Law journals etc.: Law journals etc.:
Yes/No ii) Whether approved for publication in press:in press:
Yes/No
JUDGMENT (ORAL)
1. Heard Mr. R. Majaw, learned counsel for the petitioner, whohas submitted that this is an application under Section 482(1) of theBharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for grant ofanticipatory bail in favour of the petitioner, wherein he is apprehendingarrest in connection with Mawngap P.S. Case No. 22 (05) 2024 underSection 5(l)(j)(ii)/6 of the POCSO Act.
2. This Court in the first instant, on the prayer of the petitionerhad granted him interim bail with direction that he should appear beforethe Investigating Officer (I/O) and cooperate with the investigation.
3. At this juncture, the learned counsel has submitted that thepetitioner had cooperated with the investigation and has also appearedbefore the I/O as directed, and his statement was also recorded by the I/O. Since, there is an apprehension of arrest in connection with theaforementioned police case, therefore, the petitioner has now made aprayer that he may be granted anticipatory bail.
4. Mr. S. Sengupta, learned Addl. PP appearing on behalf of theState respondents, on the other hand, has produced the latest statusreport dated 10.09.2024 filed by the I/O, wherein the I/O in the lastparagraph of the report had categorically stated that the petitioner iscooperating with the investigation and his custody will not be requiredfor investigation in the case.
5. This being the case, since the custody is no longer requiredby the I/O, there is no question of apprehension at this point of time.Accordingly, this application is hereby dismissed and disposed of.
6. The interim order stands discharged.
Judge