Rijessing Warjri v. State of Meghalaya and 2 Ors

JUDGMENT AND ORDER (ORAL)

¶1Heard Mr. P. Yobin, learned counsel for the petitioner.

¶2Issue notice.

¶3Mr. 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.

¶4No notice is deemed necessary to the respondent No. 3.

¶5The 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.

¶6Mr. 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

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.

¶7Mr. 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.

¶8Upon 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.

¶9Though the submissions of the learned AAG is noted, inasmuch as, may be recourse could have been taken by filing a writ

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.

¶10As ordered above, the writ petition stands closed and is accordingly disposed of. JUDGE

Meghalaya

02.07.2025 "V. Lyndem-PS"

Date: 2025.07.02 04:24:00 IST

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) __________________________________________________________ i) Whether approved for reporting in Law journals etc: ii) Whether approved for publication in press: