SHILLONG, MAY 15: The Meghalaya High Court on Friday granted default bail to former GHADC member Sofior Rahman, arrested in connection with the recent Garo Hills unrest, after noting that the chargesheet was not filed within the 60-day period mandated under Section 187 BNSS, 2023.
Justice W Diengdoh, while allowing the bail application, directed that the petitioner be enlarged on bail, observing that “the proposition of law as far as default bail is concerned, cannot be lost sight of.”
During the hearing, K Paul, senior counsel for the petitioner, submitted that “the offences alleged to have been committed by the petitioner/accused are all punishment for a period of less than 7(seven) years.”
He argued that “it is incumbent upon the Investigating Officer to have submitted his charge sheet upon investigation within a period of 60(sixty) days as mandated by Section 187 BNSS, 2023, the same not having been done, it is prayed that the petitioner/accused may be released on default bail.”
Senior Government Advocate NG Shylla, appearing for the State, “candidly admitted that the charge sheet has not yet been filed in this case within the said 60(sixty) days’ period, which incidentally expires on 14.05.2026.”
However, she objected to bail on the ground that “the arrest of the petitioner/accused is in connection with the law-and-order situation prevailing in Garo Hills connected to the District Council election, as such, if enlarged on bail, there is the possibility of the petitioner/accused creating problem or being a danger to society.”
The Court noted the State’s objection but held that “having noted that the submission made with regard to the filing of charge sheet, is correct, to say that the same has not been filed within the stipulated period,” the law on default bail must apply.
Relying on the Supreme Court’s ruling in Rakesh Kumar Paul v. State of Assam, (2017) 15 SCC 101, Justice Diengdoh quoted, “A contrary view would diminish the respect for personal liberty… Under these circumstances, the only course open to the High Court… was to enquire from the petitioner whether he was prepared to furnish bail and if so then to grant him ‘default bail’ on reasonable conditions.”
The Court directed that Rahman be released on bail with conditions, including that “he shall not abscond or tamper with the evidence or witnesses,” “attend court as and when called for,” and “shall not leave the jurisdiction of Meghalaya, except with due permission of the court concerned.”
He was also directed to furnish “a personal bond of Rs 50,000 only with two local sureties of like amount to the satisfaction of the Trial Court.”
The order added, “It is made clear that, if any of the said bail conditions are violated, it is open to the authorities concerned to file for cancellation of the bail.”
The case arose from Araimile Police Station.
