Crl. Revn. (P) No. 8/2015 and (Ref) Crl. Ptn. No. 21/2015. Case: State of Meghalaya Vs Nurul Islam. Meghalaya High Court

Case NumberCrl. Revn. (P) No. 8/2015 and (Ref) Crl. Ptn. No. 21/2015
Party NameState of Meghalaya Vs Nurul Islam
CounselFor Appellant: N.D. Chullai, Sr. PP and N.G. Shylla, Addl. PP and For Respondents: K. Sunar, Adv.
JudgesT. Nandakumar Singh, J.
IssueCode of Criminal Procedure, 1973 (CrPC) - Sections 161, 309, 397, 401, 438, 439, 439(2), 82; Indian Penal Code 1860, (IPC) - Sections 342, 354, 376(2)(1)(a), 376(2)(9)(1), 376(2)(a)(i), 506; Protection Of Children From Sexual Offences Act, 2012 - Sections 10, 29, 3, 30, 5, 6, 7, 9
Judgement DateSeptember 11, 2015
CourtMeghalaya High Court

Judgment:

T. Nandakumar Singh, J.

  1. This criminal revision petition has a chequered history. Widely circulated local daily "The Shillong Times" in its publication on 26.06.2015 reported news under the caption "Twin court order stunts Nurul's family" wherein, it is reported that the accused Police Officer Md. Nurul Islam (present accused) was granted bail on 24.06.2015, bail bond was accepted and on the same day the bail was cancelled. The said news item was brought to the notice of this Court by the Registry. Accordingly, the report had been called from the Special Judge (POCSO), Shillong, who passed the said bail order for granting bail to the accused Police Officer Md. Nurul Islam. On receipt of the said report for passing the said bail orders, this Court had taken up the matter on judicial side. The learned Special Judge (POCSO), Shillong to whom the charge sheet No. 12/2013 dated 06.11.2013 under Sections 342/354/376(2)(a)(i)/506 IPC R/w Section 6/10 of the POCSO Act, 2012 was submitted on 06.11.2013, had passed the order dated 24.06.2015 for granting bail to the accused Police Officer Md. Nurul Islam. No reason had been given by the learned Special Judge (POCSO), Shillong for entertaining the bail application on the very day, the accused Police Office Md. Nurul Islam had personally appeared and surrendered before the Court. Later on, on the same day, the said bail order dated 24.06.2015 which was passed in the early hours of the court working hours had been cancelled and allowed the prayer of the Superintendent of Police (City), Shillong to thoroughly interrogate the accused Police Officer Md. Nurul Islam and for that purpose, the accused Police Officer Md. Nurul Islam was remanded to 14 days judicial custody (Sic Police custody) for interrogation. On 08.07.2015, the learned Special Judge (POCSO), Shillong passed the order dated 08.07.2015 for allowing the accused Police Officer Md. Nurul Islam to go on bail. For convenience, the said two orders of the learned Special Judge (POCSO), Shillong dated 24.06.2015 and 08.07.2015 are reproduced hereunder:--

    Order dated 24.06.2015

    Seen the application filed by the counsel for the Accused Md. Nurul Islam to bring on record appearance of the Accused after transfer of the case from District & Sessions Judge Court, Tura. The Accused person Md. Nurul Islam has personally appeared and surrendered himself before this Court today. The counsel for the Accused submitted that the instant case has been transferred from the District & Sessions Judge Court, Tura to this Court as per the order of the Hon'ble High Court of Meghalaya. That the Accused person undertakes that he will appear on each and every date fixed by the Court regularly without fail. Also heard Ld. PP who submitted that the instant case has been charge-sheeted on 6.11.2013 and the charges involved in the case are serious in nature. Even though has been charge-sheeted the trial of the case is yet to start. Further, on going through the Hon'ble High Court order dated 15.12.2015, the Hon'ble High Court has allowed the transfer of the case from Tura to Shillong and the Accused to surrender before this Court. Ld. PP also submitted that the petition filed by the Accused may be allowed with strict conditions.

    Perused the Hon'ble High Court's Order dated 15.12.2014 and considering the submissions made by both sides and also that the Accused has surrendered himself before this Court today, the petition filed by the Accused is hereby allowed and as the case has also been registered under the POCSO Act besides other sections of IPC, the trial of the case has to be completed within one year.

    Hence, the petition filed by the Accused is allowed on execution of a Bond of Rs. 1,00,000/- with two local sureties of the like amount and also on execution of an undertaking that the Accused person will appear on each and every date fixed by this Court.

    Also perused the Case Record received from the Court of District & Sessions Judge, Tura and also the Charge-sheet No. 12/2013 dated 6.11.2013 u/s. 342/354/376(2)(a)(i)/506 IPC R/W Section 6/10 POCSO Act. I take cognizance of the offences and proceed further with the instant case.

    Register the case.

    Furnish C/D to the prosecution and prepare copies for defence.

    Fix 08.07.2015 for copies.

    Sd/-
    Special Judge (POCSO)
    Shillong

    Bail Bonds for the Accused person furnished and accepted.

    Sd/-
    Special Judge (POCSO)
    Shillong

    Later.

    Learned PP along with Shri. V Syiem, S.P (City), Shillong appeared before this Court and submitted letter dtd 24.6.2015. Ld. PP submitted that the Accused person has not been interrogated and his statement u/s. 161 CrPC is yet to be recorded and police needs to interrogate the Accused person as he has been inordinately absconding which may not have been possible without the aid and abetment of certain individuals and also for verification of the bailors who project themselves as police personnel.

    Perused materials on records and letter dtd. 24.06.2015, it is seen that the Accused has been absconding after the date of incident and look out notice was also issued against the Accused person. Taking into consideration the nature, gravity and seriousness of the alleged offence involved in the instant case, I am inclined to allow the prayer made by the Superintendent of Police (City), Shillong that the Accused person is to be interrogated thoroughly and as a question has been raised regarding the authenticity of the bailors of the accused. I hereby recall the earlier order passed by this Court today and direct that the Accused person be arrested and remand to 14 days judicial custody for interrogation/investigation and for verification of the bailors. Fix 08.07.2015 for production and report on verification of bailors.

    Send the copy of this order to the Superintendent of Police (City), East Khasi Hills, Shillong.

    Sd/-
    Special Judge (POCSO)
    Shillong

    Order dated 08.07.2015

    Accused Md. Nurul Islam produced today 8th July 2015 from District...

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