No.113990825 Ct/(Gd) Shri. Bhand Kanhaiya Ramhari v. The Union of India and 4 Ors

Serial No.08 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG

M.C [WP (Crl.)] No.3 of 2022 in [WP (Crl.)] No.3 of 2022

Date of Order: 03.11.2025 ____________________________________________________________ No.113990825 CT/(GD) Vs. 1. The Union of India, Represented Shri. Bhand Kanhaiya Ramhari, by the Secretary, Ministry of Home 58th Batallion Border Security Force Affairs, Government of India, S/o Kanaahiya Ramhari.

New Delhi. R/o Kusum Nagar, Bhoom, Bhoom District Osmanabad,

¶2The Director General, Border Maharashtra - 413504

Security Force, (F.H.Q), 10 – Central

Office Complex, Lodhi Road,

New Delhi – 03.

¶3The Additional Director General

(EC) HQ SPL DG (EC) BSF,

Kolkata.

¶4The Commandant, 55th Batallion,

Border Security Force, Dobasipara,

Tura, West Garo Hills District,

Meghalaya.

¶5The Deputy Inspector General,

BSF, FTR, HQ, BSF, West Garo

Hills District, Meghalaya.

……PETITIONER.

…..RESPONDENTS. Coram: Hon'ble Mr. Justice B. Bhattacharjee, Judge

Appearance: For the Petitioner/Appellant(s) : Mr. K. Ch. Gautam, Adv. For the Respondent(s)

: Dr. N. Mozika, DSGI with

Ms. N.A.U. Sogra, Adv.

ORAL:-

Heard learned Counsels appearing for the parties.

This is an application for grant of bail to the petitioner pending disposal of the main writ petition filed against the conviction and sentence dated 10-05-2-21 by which the petitioner was sentenced to undergo rigorous imprisonment for 7 years. Although, this application was filed at the time when the writ petition challenging the conviction of sentence was preferred, the same was not taken up for consideration. Till date, the main writ petition also could not be taken up for final hearing and disposal on merit and, in the meantime, the petitioner has already served more than half of the period of sentence awarded.

The learned Counsel appearing for the petitioner submits that the Apex Court in catena of cases held that where challenge to the conviction and sentence cannot be disposed of expeditiously and the convict, in the meantime, has spent for more than half of the period of his sentence in custody, he should be released on bail. There is no dispute between the parties with regard to the aforesaid proposition of law laid down by the Apex Court.

Since, the petitioner herein has undergone detention from 10-05-2021 till date covering more than half of his sentence, it is deemed appropriate that he should be released on bail. It is, therefore, ordered, without reference to the merits of the contention raised in the connected writ petition, the petitioner be released on bail on the following conditions: -

i) The petitioner shall furnish a personal bond of Rs. 20,000/- (twenty thousand rupees) with a surety of like amount to the satisfaction of the Registrar General of this High Court.

ii) The petitioner shall not abscond or leave the jurisdiction of the country.

iii) The petitioner shall give prior information of his travel plan and his place of stay/residence either to the Deputy Inspector General, B.S.F, Tura or the Inspector General, Frontier Headquarter, B.S.F, Shillong.

iv) The petitioner shall make himself available before the Court or any other authority as and when he is ordered to do so. With the above, this M.C [WP (Crl.)] No.3 of 2022 stands disposed of.

Judge Meghalaya

03.11.2025 "Biswarup PS" Date: 2025.11.04 10:19:53 IST