Research › Search › Judgment

Meghalaya High Court · body

2021 DIGILAW 76 (MEG)

Tobias R. Marak v. State of Meghalaya

2021-10-26

W.DIENGDOH

body2021
JUDGMENT 1. Heard Mr. A.S. Siddiqui, learned Sr. counsel for the petitioners as well as Mr. K. Khan, learned Sr. PP for the State respondent. 2. On being aggrieved by the impugned order dated 11.10.2021 whereby the learned Special Judge (POCSO) Shillong has declined to modify one of the bail conditions, the petitioners have approached this Court with this instant petition. 3. It may be mentioned that the petitioners herein have been allowed to go on pre-arrest bail with certain conditions, one of which includes the condition not to leave the jurisdiction of the Court. However, an application is made to modify the said condition to allow the petitioner No. 2 to go to Apollo Hospital, Guwahati for the purpose of medical treatment, for which she is to be accompanied by the petitioner No. 1 her husband. The learned Special Judge (POCSO) Shillong having heard the parties have rejected the said application. 4. Without going to the merits of the case, suffice it to say that modification or alteration of the bail condition to suit the prevailing situation and circumstances is not without jurisdiction of a competent Court. 5. This being the case, the reason stated by the petitioner No. 2 prima facie appears to be genuine and as such, the learned Special Judge (POCSO) Shillong could not have denied such prayer. In fact, the learned Sr. PP making his submission on behalf of the State respondent in this matter has not made any strong objection to the said prayer. 6. In the exercise of inherent power under Section 482 Cr.P.C this Court is persuaded to allow the prayer of the petitioners. Accordingly, the said bail condition is hereby modified only to the extent that the petitioners are allowed to leave the jurisdiction of the Court for the purpose of medical treatment at Apollo Hospital, Guwahati and thereafter, on return to file a report indicating the same for which the original bail condition as cited above would then be restored. 7. With the above, this petition is hereby disposed of.