Settila SangmaVsstate Of Meghalaya

This is an application u/s 439 Cr.PC for grant of bail to the accused person Shri William A. Sangma through the petitioner who is the cousin sister of the accused person.

Mr. A.G. Momin, learned counsel for the petitioner has submitted that the accused person was arrested in the year 2017 in connection with Bajengdoba P.S Case No. 4(02)2017 u/s 365/34 IPC r/w section 25(1A)(1B) 27 (1)(2) Arms Act and is still in custody till date at Tura District Jail.

Learned counsel for the petitioner has also submitted that the accused person had preferred a bail application before the Court of the learned Addl. District Magistrate (Judicial), North Garo Hills District Resubelpara, which was rejected. A second bail application was filed on 22nd November 2019 before the same Court, but the same was also rejected on the ground that the charge sheet against him has already been filed against him. A copy of the impugned order dated 22.11.2019, the FIR and certified copies of the other related orders have been applied for by the wife of the accused person, but the same has not been furnished at the relevant period and as such, the petitioner was handicapped in approaching this Court then.

It is the submission of the learned counsel for the petitioner that the accused having been in jail for more than three years, he is therefore entitled to bail.

Mr. H. Kharmih, learned GA in his submission has opposed the submission made by the learned counsel for the petitioner and has stated that the accused person may not be enlarged on bail as the charge sheet has already been filed and the trial is about to commence. It is also submitted that this Court may peruse the case record and case diary before coming to any conclusion as far as this instant bail application is concerned.

Upon hearing the learned counsels and as this Court has called for the case record and the case diary to be produced, the same having been produced before this Court, the said records are accordingly perused.

As stated by the parties, it is seen from the records that an FIR was lodged before the Officer in Charge of Bajengdoba P.S, North Garo Hills on 28.02.2017. The Complainant has informed the police that on 27.02.2017 at about 4.00 A.M, his driver has agreed to ferry one passenger from New Bongaigoan, Assam to Tura for a consideration of ₹ 2700/-. This was done without his knowledge and the vehicle involved is one Ford Fiesta. However, at about 12.00 to 12.30 P.M, the driver came to his house to inform him that after crossing Paikan towards Tura, one white colour vehicle without number plate overtook him and forced him to stop his vehicle. Thereafter, about 3/4 persons came out from the vehicle with small arms and forcible abducted the passenger after snatching his mobile handset and some amount of cash from him.

On the basis of the said information the police have accordingly registered a case being Bajengdoba P.S Case No. 4(02)2017 u/s 365/34 IPC and investigation was launched. In course of investigation, one person Shri Rohit M. Sangma was apprehended in connection with the case. From this accused, information was derived that the said vehicle which waylaid the vehicle from which the abductee was abducted, was driven by the accused person Shri William A. Sangma.

As the investigation progressed amongst other accused persons apprehended, the said accused person William A. Sangma was also apprehended and arrested on 21.04.2017.

The I/O after completion of his investigation has contended that a prima facie case u/s 365/34 IPC r/w section 25(1A)(1B) 27 (1)(2) Arms Act was well established against the accused persons William A. Sangma and three others and prayer was made to send them up for trial before the Court.

One of the dominant factor which will prevail upon the Court as far as consideration of grant or refusal of bail is concerned, is to consider the nature and gravity of the offence involved and the antecedent of the accused in juxtaposition with the interest of the society at large vis-à-vis personal liberty of a citizen.

In this instant case, it appears that there is a very strong prima facie case against the accused and considering his antecedent, it would not be prudent for this Court to allow him to be enlarged on bail at this juncture.

Accordingly, I find no merit in this application and the same is hereby rejected.

Registry is directed to return the case record.

Petition disposed of. No cost.