Meghalaya High Court
Date Of Decision: 02.07.2025 vs State Of Meghalaya Through on 2 July, 2025
Author: H. S. Thangkhiew
Bench: H. S. Thangkhiew
2025:MLHC:576
Serial No. 03
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C) No. 276 of 2025
Date of Decision: 02.07.2025
Shri Rijessing Warjri,
S/o (L) Kamar Nongrum, Aged about 31 years
R/o Langtor Village,
P.O/P.S Mairang,
Eastern West Khasi Hills District,
Meghalaya. .... Petitioner(s)
Versus
1. State of Meghalaya through
The Chief Secretary, Government of Meghalaya,
Shillong.
2. Secretary, Department of Home,
Government of Meghalaya,
Shillong.
3. The Ld. Session Judge,
West Khasi Hills District,
Meghalaya.
Coram:
Hon'ble Mr. Justice H. S. Thangkhiew, Judge
Appearance:
For the Petitioner(s) : Mr. P. Yobin, Adv. with
Ms. I. Laloo, Adv.
For the Respondent(s) : Mr. N.D. Chullai, AAG with
Ms. Z.E. Nongkynrih, GA (For R 1&2)
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2025:MLHC:576
__________________________________________________________
i) Whether approved for reporting in Yes/No
Law journals etc:
ii) Whether approved for publication Yes/No
in press:
JUDGMENT AND ORDER (ORAL)
1. Heard Mr. P. Yobin, learned counsel for the petitioner.
2. Issue notice.
3. Mr. N.D. Chullai, learned AAG assisted by Ms. Z.E.
Nongkynrih, learned GA is present and accepts notice on behalf of the
respondents Nos. 1 & 2, so no further notice is called for in respect of
these respondents.
4. No notice is deemed necessary to the respondent No. 3.
5. The complaint of the writ petitioner before this Court is with
the non-consideration of the bail application filed by the petitioner on
26.06.2025 before the respondent No. 3, which he submits has infringed
upon his personal liberty and other rights.
6. Mr. P. Yobin, learned counsel for the petitioner submits that
the petitioner was arrested on 04.03.2025, on an allegation of committing
murder, and has been in custody till date. It is submitted that multiple bail
applications were filed and rejected while the investigation was ongoing.
After the investigation, he submits a charge sheet has been filed dropping
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2025:MLHC:576
the murder charge, and the same has been modified to abetment of suicide.
On the change of circumstances, the learned counsel submits that a fresh
bail application was filed but however, the learned Sessions Judge, West
Khasi Hills District (respondent No. 3), has fixed the matter after
14(fourteen) days. To substantiate this contention, the learned counsel has
drawn the attention of this Court to the Annexure-4, wherein an extract of
the CIS has been appended, as to the next date fixed. He therefore, prays
that directions be issued that the bail application be taken up for
consideration, immediately.
7. Mr. N.D. Chullai, learned AAG assisted by Ms. Z.E.
Nongkynrih, learned GA for the respondents Nos. 1 & 2, has raised
objections with regard to the maintainability of the writ petition and has
submitted that the writ petitioner can take recourse to other remedy
available, either by a writ petition (Criminal) or application under Section
482 Cr.P.C. He therefore, prays that the matter be not entertained at this
stage.
8. Upon hearing the learned counsel for the parties, it is noted
that the only issue in the present matter is with regard to the non-taking up
of the bail application filed by the petitioner in the changed circumstances.
9. Though the submissions of the learned AAG is noted,
inasmuch as, may be recourse could have been taken by filing a writ
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2025:MLHC:576
petition (Criminal) or an application under Section 482 Cr.P.C, which
deals with fair administration in criminal justice. However, in the
circumstances without adverting to those contentions, it is directed that
the learned District & Sessions Judge, West Khasi Hills District,
Nongstoin on the application being filed by the petitioner, the same be
taken up immediately, preferably within this week itself.
10. As ordered above, the writ petition stands closed and is
accordingly disposed of.
JUDGE
Meghalaya
02.07.2025
“V. Lyndem-PS”
Signature Not Verified Page 4 of 4
Digitally signed by
VALENTINO LYNDEM
Date: 2025.07.02 04:24:00 IST