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Meghalaya High Court · body

2019 DIGILAW 156 (MEG)

Elbert Shemphang Kharlukhi v. State Of Meghalaya

2019-05-16

MOHAMMAD YAQOOB MIR

body2019
JUDGMENT : 1. Petitioner has filed instant petition under Section 439 of the Code of Criminal Procedure for grant of bail in favour of the accused facing trial in connection with Special POCSO case No. 20/2018. 2. Learned counsel for the petitioner states that number of application were filed for grant of bail unsuccessfully before the Trial Court as well as before this Court. 3. Earlier case was pending before the Special Judge POCSO, Shillong but was transferred to Special Judge POCSO, Jowai vide order of this Court dated 31-07-2018 passed in Transfer Petition Criminal case No. 2/2018. The bail application No. 9/2018 as was filed for grant of bail was sent to the Trial Court. 4. It is the submission of the learned counsel for the petitioner that the petitioner has been in custody for the last 29 months. According to 2 him, 42 prosecution witnesses are to be examined, till date only 2 witnesses have been examined. Right to speedy trial is being impeded, as a result whereof petitioner is entitled to concession of bail. In short, according to learned counsel there is change in circumstances after the last bail application was rejected, therefore, plea for grant of bail should have been considered by the learned Trial Court but learned Trial Court perhaps in view of the rejection of the bail application by this Court on 07-04-2017 is not inclined to consider the bail application. 5. On the change of circumstances, fresh bail application can lie and Trial Court cannot refuse to entertain the same. It is for the Trial Court to see as to whether there are change in circumstances or whether otherwise there is case for grant of bail. To dispel the impression that learned Trial Court will not entertain the bail application, it is made clear that learned Trial Court shall be at liberty to consider the application for grant of bail as shall be filed by the petitioner afresh. After objections and hearing both prosecution as well as petitioner, shall pass appropriate orders as shall be warranted, within a period of three weeks from the date the application is filed. 6. While disposing of this application suffice it to say that learned Trial Court shall ensure expeditious trial and shall also consider the application for the bail as shall be filed by the petitioner as directed above. 6. While disposing of this application suffice it to say that learned Trial Court shall ensure expeditious trial and shall also consider the application for the bail as shall be filed by the petitioner as directed above. Copy of the order to be sent to Trial Court for information. 7. Disposed of as above.