Meghalaya High Court
Date Of Decision: 01.04.2026 vs State Of Meghalaya Represented By Its on 1 April, 2026
Author: W. Diengdoh
Bench: W. Diengdoh
2026:MLHC:291
Serial No. 06
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
AB. No. 1 of 2026
Date of Decision: 01.04.2026
Shri Spelmon Shillangam,
Son of Shri. Biranius Chadong,
Resident of Lakadong Ummat,
East Jaintia Hills District, Meghalaya.
........ Petitioner
- Vs-
1. State of Meghalaya represented by its
Secretary, Home Police Department,
Govt. of Meghalaya, Shillong.
2. Officer-in-Charge,
Ladrymbai Police Outpost,
East Jaintia Hills District,
Meghalaya.
3. Officer-in-Charge,
Khliehriat Police Station,
East Jaintia Hills District,
Meghalaya.
......... Respondents
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. Th. Rakesh Singh, Adv. with
Ms. R. Fancon, Adv.
Ms. M. Marak, Adv.
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For the Respondent(s) : Mrs. N.G. Shylla, Sr. GA with
Mr. H. Abraham, GA
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
JUDGMENT AND ORDER (ORAL)
1. Heard Mr. Th. Rakesh Singh, learned counsel for the
petitioner/accused, who has submitted that an FIR was lodged on 03.03.2026
before the Officer-in-Charge, Ladrymbai Police Outpost, Ladrymbai by one
Shri. Dawanoo Rymbai, the contents of such information being that, on the said
date, there was a spot inspection of a disputed land between two villages i.e.
Lama Village and Lakadong Ummat Village in East Jaintia Hills District,
wherein, the residents of both villages have gathered at the said place of
inspection. In the midst of such inspection, it was alleged that the
petitioner/accused along with others present were armed with firearms, and
ultimately, had opened fire on the gathering, as a result of which, three villagers
of Lama Village were seriously injured.
2. Accordingly, on receipt of such information, an FIR was filed and a
case was registered being Khliehriat P.S. Case No. 104 of 2026 under Section
109 BNS, 2023.
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3. The learned counsel also submits that the petitioner/accused was not
present when the said incident had taken place, since on the said date i.e.
03.03.2026, he was attending to his ailing mother at Woodland Hospital,
Nangbah, West Jaintia Hills District, and also on the said date, he had visited a
doctor for his personal treatment, for which medical prescription was issued to
him, the same being annexed as Annexure-4 in this petition. However, the
learned counsel would submit that, the allegation that some of the eye-witnesses
had seen him at the place of occurrence on the said date of incident, is not correct.
4. It is also the submission of the learned counsel that, because of the
fact that he was said to be involved in the said incident, therefore, the police are
on the lookout to arrest him, hence the apprehension of imminent arrest.
5. The learned counsel further submits that the petitioner/accused,
being a school teacher with a strong societal standing, if arrested, his reputation
would suffer which will cause prejudice to him. He therefore submits that the
petitioner/accused, if released on bail, will abide by any conditions that this
Court may impose. It is also submitted that the petitioner/accused on interim bail
being granted to him by this Court, as directed, had appeared before the
Investigating Officer on two occasions, and his statement was recorded.
6. Per contra, Mrs. N.G. Shylla, learned Sr. GA assisted by Mr. H.
Abraham, learned GA appearing for the State respondent, has strongly opposed
the prayer made, and has contended that the investigation carried out by the
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Investigating Officer as far as the petitioner/accused is concerned, would
confirm that his plea of alibi cannot be sustained, inasmuch as, on being directed
by this Court to make a detailed inquiry on this aspect of the matter, the
Investigating Officer has filed the status report dated 01.04.2026 before this
Court today, the same is brought on record and marked as Annexure-X. It has
been stated that the Investigating Officer, had visited the said doctor, who has
allegedly treated the petitioner/accused, and who is said to have issued the said
medical prescription. However, the Investigating Officer has found out that the
said doctor i.e. Dr. Dapmi Hinge does not run any private clinic at Jowai, since
he has visited the doctor at Nangbah Primary Health Centre (PHC), West Jaintia
Hills District, which is at a considerable distance from Jowai. This doctor has
however stated that, though, he could not clearly recollect the exact date, but he
did mention that on one morning, the petitioner/accused had come to his official
quarters at PHC, West Jaintia Hills District complaining of a common illness,
and accordingly, he had prescribed some medicines.
7. This being the case, the learned Sr. GA submits that the claim of the
petitioner/accused is unfounded, and since, false information has been given by
him, he is therefore not entitled to any relief by this Court. She therefore prays
that this petition may be dismissed as devoid of merits.
8. This Court, on consideration of the submission made on the facts
stated hereinabove, is made to understand that an incident has taken place on
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03.03.2026, wherein, there was some altercation and commotion between two
rival parties, resulting in firing and gunshots in which some persons are said to
have been injured.
9. From the materials on record, it is also noted that some of the eye-
witnesses who were present at the place of occurrence, had given their statement
to the police and have named some of those who are present in the said gathering,
and who are also responsible for the said incident, the petitioner/accused herein
being one of such named persons.
10. This Court, on perusal of the offence alleged to have been committed
by the perpetrators, has also noted that the sections of law involved are serious
in nature, one of which involves an attempt to murder, the punishment of which
being life imprisonment.
11. It is also submitted at the bar that the investigation is still ongoing
and the charge sheet have not yet been filed.
12. On perusal of the said status report filed by the Investigating Officer,
it is found mentioned that the said doctor does not run any private clinic at Jowai,
and this fact was also affirmed by the learned Sr. GA, the learned counsel for the
petitioner/accused has however countered by stating that the clinic run by the
said doctor, is actually situated at Nangbah, a place which is located at some
distance from Jowai. The fact that the said doctor has also acknowledged having
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examined or rather treated the petitioner/accused at his official quarters i.e. at
Nangbah has also been noted by the Investigating Officer.
13. Under such circumstances, this Court would not be in a position to
either affirmed or to discard the contents of whether the plea of alibi is well-
founded or not. It would eventually be a matter of evidence in course of trial.
14. Be that as it may, since the petitioner/accused has already made
himself available for questioning by the Investigating Officer, and considering
the fact that he is a school teacher by profession having some standing in the
society, coupled with the fact that there is reasonable apprehension of his
imminent arrest, notwithstanding the findings of the investigation, at this point
of time, this Court is inclined to allow the prayer made by the petitioner/accused.
15. Accordingly, in the event of his arrest, the petitioner/accused is
directed to be released on bail on the following conditions:
i) That he shall not abscond or tamper with the evidence or
witnesses;
ii) That he shall attend court as and when called for;
iii) That he shall not leave the jurisdiction of Meghalaya, except
with due permission of the court concerned; and
iv) That he shall bind himself on a personal bond of ₹ 30,000/-
(Rupees thirty thousand) with one surety of like amount to the
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satisfaction of the Trial Court.
16. In view of the above, this petition is disposed of accordingly. No
Costs.
Judge
Signature Not Verified 7
Digitally signed by
DARIKORDOR NARY
Date: 2026.04.01 21:40:17 IST
