Meghalaya High Court
Date Of Decision: 03.03.2025 vs The State Of Meghalaya on 3 March, 2025
Author: W. Diengdoh
Bench: W. Diengdoh
2025:MLHC:127
Serial No. 06
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
AB. No. 7 of 2025
Date of Decision: 03.03.2025
Shri. Gopal Krishna Gour,
S/o (L) Motilal Gour,
R/o Rukmani Jewellers (P) Ltd
Shivshakti Paradise G-66-67,
Central Soine Rd. Sector-2
Central Spince, Vidhyadhar Nagar
Jaipur Rajasthan-302039
........Petitioner
- Vs-
1. The State of Meghalaya
Represented by the Commissioner
Secretary, Home Department
Government of Meghalaya, Shillong.
2. Smti. Chingkame Momin,
D/o Sengran M. Sangma,
Proprietor of Planet Bonded Warehouse Super
Market, P.O & P.S Bhagmara, South Garo Hills,
Meghalaya.
........Respondents
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner/Appellant(s) : Dr. N. Mozika, Sr. Adv. with
Mr. Philemon Nongbri, Adv.
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Ms. M. Myrchiang, Adv.
For the Respondent(s) : Mrs. N.G. Shylla, Sr. GA. with
Mr. J.N. Rynjah, GA. for R 1.
Ms. P. Bhattacharjee, Adv.
Mr. Z.A. Choudhury, Adv. for R 2.
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 Dr. N. Mozika, learned Sr. counsel assisted by Mr.
Philemon Nongbri, learned counsel for the petitioner/accused, who has
submitted that this Court, on prayer made by the petitioner/accused in this
instant petition, had vide order dated 13.02.2025 granted interim bail with a
direction that the petitioner/accused herein would cooperate with the
investigation and to appear before the Investigating Officer as and when
required.
2. The learned Sr. counsel also submits that admittedly, the
petitioner/accused could not appear before the Investigating Officer since
circumstances arose, whereby on his appearance before the Investigating
Officer at Khanapara Police Station, Ri-Bhoi District, Nongpoh in
connection with another case involving the petitioner herein, he was detained
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by the police of Tura Police Station, who had, in the meantime, came to the
said police station in connection with other cases filed against the
petitioner/accused within the jurisdiction of Tura Police Station.
Accordingly, he was taken by the police to Tura, and subsequently, from
Tura, he was taken into custody and ferried to Ampati Police Station, South
West Garo Hills in connection with yet another case, and was formally
arrested at Ampati.
3. Therefore, as far as this instant case is concerned, the
petitioner/accused, as pointed out, has not appeared before the Investigating
Officer. It is however the submission of the learned Sr. counsel that, if interim
bail is made absolute, he will cooperate with the Investigating Officer and
abide with any conditions to be imposed by this Court.
4. The learned Sr. counsel has also referred to page 28 of this
petition, wherein is found the extract of the FIR filed before the Officer-in-
Charge, Baghmara Police Station resulting in the registration of the said
Baghmara P.S. Case No. 04 (03) 2022 under Section 409/418/420 IPC.
5. It is to be noted that the FIR was filed in the year 2022 and
investigation is still ongoing and charge sheet is yet to be filed. The allegation
of the complainant therein is that the petitioner/accused, who has been
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running her Bonded Warehouse at Baghmara from the year 2007 till 2021,
had evaded paying the required taxes to the Government and his mobile
phone was switched off. The FIR also states that a show cause notice was
issued from the concerned department, however, the same could not be
affected, since his whereabouts are not known. As such, police intervention
is required. Hence, the FIR.
6. Per contra, Mrs. N.G. Shylla, learned Sr. GA assisted by Mr. J.N.
Rynjah, learned GA for the State respondent No. 1, has strongly opposed the
prayer made herein, and has submitted that the allegation made against the
petitioner/accused are serious in nature, even though, relevant section of law
include Section 420 IPC, the fact of the matter is that the petitioner/accused
as Manager of the concerned Bonded Warehouse, had failed to pay the
required taxes to the Government with effect from the year 2007 to 2021.
7. The learned Sr. GA also submits that, in course of investigation,
since the petitioner/accused has failed to appear before the Investigating
Officer, the police personnel had even proceeded to his known place of
residence at Jaipur in the State of Rajasthan to apprehend him, and yet, could
not do so till he finally voluntarily appeared before the Khanapara Police
Station. In view of the conduct of the petitioner/accused and the severity of
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the offence alleged, the learned Sr. GA has submitted that the prayer made in
this petition may not be allowed.
8. Now, what would concern this Court is to look into the conduct
and antecedent of the petitioner/accused as far as this case is concerned.
Records would reveal that since the last order passed by this Court i.e. on
13.02.2025, the Investigating Officer has not made any effort to require the
attendance of the petitioner/accused before him. Be that as it may, it is
incumbent upon the Investigating Officer to be diligent in his investigation
and from what has been submitted by the learned Sr. GA that the conduct of
the petitioner/accused is such that not only he is involved in a matter which
is serious in nature, but also that his attendance whenever required could not
be ascertained, prompting the police to even go to his residence at Jaipur. The
submission made by the learned Sr. GA would be relevant, if concerted
efforts has been made by the Investigating Officer.
9. This Court, at this juncture, would refer to an authority passed by
the Hon’ble Supreme Court as far as bail matters are concerned, wherein in
the case of Sanjay Chandra v. CBI reported in (2012) 1 SCC 40 at para 21,
the following has been observed:
“21. In bail application, generally, it has been laid down from
the earliest times that the object of bail is to secure the5
2025:MLHC:127appearance of the accused person at his trial by reasonable
amount of bail. The object of bail is neither punitive nor
preventative. Deprivation of liberty must be considered a
punishment, unless it is required to ensure that an accused
person will stand his trial when called upon. The courts owe
more than verbal respect to the principle that punishment begins
after conviction, and that every man is deemed to be innocent
until duly tried and duly found guilty.”
10. Having heard the learned counsels for the parties, this Court is
inclined to allow the prayer made herein. Accordingly, the interim bail
granted to the petitioner/accused is hereby made absolute.
11. The petitioner/accused, Shri. Gopal Krishna Gour is directed 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 appear before the Investigating Officer as and when
called for;
iii) He shall not leave the jurisdiction of India without prior
permission of the Investigating Officer;
iv) He shall bind himself on a personal bond of ₹ 50,000/-
(Rupees fifty thousand) only with one surety of like amount
to the satisfaction of the Trial Court;
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v) He shall surrender his passport before the Investigating
Officer, and would require his permission, if he is required
to travel abroad during the pendency of the case; and
vi) He is also to give his contact number and place of residence
to the Investigating Officer immediately.
12. Needless to say, any violation of the above conditions, would
allow the prosecution to file an appropriate application for cancellation of the
bail either before the Trial Court or before this Court.
13. In view of the ongoing investigation, the petitioner/accused, in the
first instance, is directed to appear before the Investigating Officer on
07.03.2025.
14. In view of the above, this petition is disposed of accordingly.
15. Registry to return back the case diary.
Judge
Signature Not Verified 7
Digitally signed by
DARIKORDOR NARY
Date: 2025.03.03 19:23:31 IST
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