05.03.2025 vs The State Of Meghalaya on 5 March, 2025

Meghalaya High Court

Date Of Decision: 05.03.2025 vs The State Of Meghalaya on 5 March, 2025

Author: W. Diengdoh

Bench: W. Diengdoh

                                                                       2025:MLHC:137




Serial No. 03
Supplementary List

                        HIGH COURT OF MEGHALAYA
                              AT SHILLONG

BA. No. 81 of 2024
                                                     Date of Decision: 05.03.2025
Shri. Angkon Bunarjee,
S/o Shri. Akhoy Bunarjee,
R/o Luskaarpur, Tea Estate, P.S.
Chunarughat, District-Habiganj,
Bangladesh.
                                                            ........Petitioner
                                       - Vs-

1.    The State of Meghalaya
      Represented through Secretary
      And Commissioner,
      Home Police Department
      Government of Meghalaya, Shillong.

2.    The Superintendent of Police,
      Shillong, East Khasi Hills District,
      Meghalaya.

3.    The Officer-In-Charge,
      Sohra Police Station,
      East Khasi Hills District,
      Meghalaya.
                                                            ........Respondents
Coram:
             Hon'ble Mr. Justice W. Diengdoh, Judge

Appearance:
For the Petitioner/Appellant(s)    :           Mr. S. Panthi, Adv.
                                               Mr. B. Snaitang, Adv.



                                          1
                                                                 2025:MLHC:137




For the Respondent(s)           :        Mr. K. Khan, PP with
                                         Mr. S. Sengupta, Addl. PP.
                                         Mr. S.A. Sheikh, GA. for R 1-3.
                                         Ms. R. Fancon, Adv. vice
                                         Dr. N. Mozika, DSGI for R 4.
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. Panthi, learned counsel for the petitioner/accused,

who has submitted that the petitioner/accused in question has since been

enlarged on default bail by the Court of the learned Judicial Magistrate at

Shillong vide order dated 03.01.2025 passed in G.R. Case No. 19 (A) of

2025 connected to Pynursla P.S. Case No. 37 (11) 2024, copy of the said

order has been produced before this Court, the same is brought on record and

marked as Annexure-A. It is the further submission of the learned counsel

that since the petitioner/accused has been enlarged on bail, this instant

petition has therefore become infructuous and the same may be disposed of

accordingly.

2. Mr. K. Khan, learned PP assisted by Mr. S. Sengupta, learned

Addl. PP on behalf of the State respondent Nos. 1-3 has no objection to the

submission made by the learned counsel for the petitioner/accused and has

submitted that this Court may pass necessary orders in this regard.

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2025:MLHC:137

3. This Court, on perusal of the said order of the learned Judicial

Magistrate, has noticed that reference has been made to the case of Rakesh

Kumar Paul v. State of Assam reported in (2017) 15 SCC 67, wherein the

issue in the case being the question of default bail, whereupon the Hon’ble

Supreme Court has directed that in case where Under Trial Prisoners are

entitled to default bail, and such information has been brought to the

knowledge of the Magistrate concerned, it would be incumbent upon such

Magistrate to pass necessary orders in this regard, failing which the

concerned Magistrate may be taken to task administratively. Accordingly,

this Court finds nothing wrong with the legality of the said order passed.

4. In view of the submission made, this instant petition is hereby

disposed of as infructuous.

Judge

Signature Not Verified 3
Digitally signed by
DARIKORDOR NARY
Date: 2025.03.05 16:06:26 IST