The Meghalaya High Court has rejected the bail plea of two persons arrested for the violence that occurred at the office of the SDO (Civil) at Sohra where the crowd went berserk after being dissatisfied with the Assembly election result of Shella constituency on March 3.
The bail application of the arrested persons Pynnehskhem Ryngnga and Tarson Hynniewta were filed by their wives Rosmila Khongwir and Baailad Diengdoh respectively. It may be mentioned that both Ryngnga and Hynniewta were arrested on March 14.
“Bail is definitely a discretionary power to be exercised by the court, albeit, on consideration of the attending factors and guidelines provided from time to time by the apex court as well as by the relevant statutes. The evidence collected by the investigating officer in this regard has also to be looked into in due course; however this court is in agreement with the learned AAG that the stage of the case is too premature for grant of bail at this point of time as investigation is still at the preliminary stage. Consequently, this application is devoid of merits and the same is hereby dismissed. However, the petitioner is given the liberty to take recourse as provided to him in accordance with law,” the bench of Justice Wanlura Diengdoh said.
According to Philemon Nongbri, the lawyer for the two petitioners, on March 2, 2023 which was a date when the results for the Meghalaya Legislative Assembly 2023 election was declared, a huge crowd has gathered at the office of the SDO at Sohra Civil Sub-Division, East Khasi Hills District. In view of the volatile situation as could be expected in a gathering of this kind, an incident took place which led to a chaotic situation and violence where the crowd apparently being dissatisfied with the declaration of a particular result, had started pelting stones at the SDO office as well as at the court premises adjacent to the office.
The ensuing violence has resulted in damages to public property and also the act of trespass, whereupon an FIR dated March 3, 2023 was lodged by the Judicial Magistrate First Class, Sohra Sub-Division.
The FIR was registered as Sohra PS Case No. 4 (3) of 2023 under Sections 147, 148, 353, 447, 427 and 34 of IPC read with Section 3 of the Prevention of Damage to Public Property Act, 1984. The case is at the investigation stage.
Following the FIR, the police investigated the matter and among others, the two accused were also arrested.
Nongbri also told the High Court that the accused were part of the crowd and were arrested randomly. He also requested the court to grant bail to the accused to allow them to defend their case. Nongbri also said that out of the array of sections alleged against the accused only two are non-bailable including the section under the Prevention of Damage to Public Property.
However, Additional Advocate General T Yangi B, along with Government Advocate R Colney strongly objected to the bail plea on the ground that the investigation has just started and it is too premature for consideration of bail at this juncture.
Yangi also said that that not only was damage to public property caused, trespass is also evident which led to an atmosphere of fear apparently in the mind and conduct of the Judicial Officer and staffs of the Sub-Divisional Court and this issue has to be taken into account which will be revealed in course of the investigation.
