2024:MLHC:687
Serial No.03
Supple List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl. M. C No.75 of 2024 in
Crl. A. No. 19 of 2024 Date of Order: 31.07.2024
____________________________________________________________
Shri. Khamkor Rymbai Vs. State of Meghalaya
S/o Sri. Shinming Dkhar, Through the Commissioner &
Aged about 48 years, Secretary to the Government of
Resident of:Village- Namdong Meghalaya, Department of Home
“B”, P.S. Jowai, (Police), Civil Secretariat, Shillong.
District- East Jaintia Hills,
Meghalaya.
Presently serving sentence in Jowai
District Jail, Jowai.
….Applicant/Appellant. ….Respondent.
Coram:
Hon’ble Mr. Justice B. Bhattacharjee, Judge
Appearance:
For the Petitioner/Appellant(s) : Dr. P. Agarwal, Adv.
For the Respondent(s) : Mrs. T. Yangi B, AAG with
Mr. J. N. Rynjah, GA.
ORAL:-
This is an application filed under Section 389 (1) Cr.PC for
suspension of order of sentence dated 18-10-2023 passed by the Learned
Sessions Judge/Addl. D.C. (Judicial), East Jaintia Hills District, Khliehriat
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2024:MLHC:687
in Sessions Case No.24 of 2021 whereby the applicant was directed to
undergo 7 (seven) years’ rigorous imprisonment consequent to his
conviction under Section 397 IPC.
Dr. P. Agarwal, learned Counsel appearing for the applicant submitted
that the health condition of the applicant is not well and has deteriorated to
such an extent that his proper care cannot be taken inside the jail. The
learned Counsel draws attention of this Court to the medical status report
issued by the Medical and Health Officer, District Prison & Correctional
Home, West Jaintia Hills District, Jowai dated 16-05-2024 whereby it is
stated that the right hand of the applicant is amputated and the left hand is
paralyzed. The applicant is also unable to eat, drink, taking bath etc. by
himself. The learned Counsel also points out that it has been strongly
recommended in the report that the applicant should be released from the
prison so that he can be taken care of by the family members outside the
prison. The learned Counsel submits that considering the medical situation
of the applicant, the order of sentence passed against him may be suspended
and he may be released on bail.
Ms. T. Yangi B, learned AAG assisted by Mr. J. N. Rynjah, learned
GA appearing for the State-respondent does not dispute the submission
made on behalf of the applicant and further submits that it is quite difficult
for the jail authority to take proper care of the applicant. The learned AAG
on instruction does not oppose the prayer of suspension of sentence in the
matter.
In view of the above, it is deemed appropriate at this stage to suspend
the order of sentence dated 18-10-2023 and direct the release the applicant
on bail. Accordingly, the order of sentence dated 18-10-2023 shall remain
suspended till the final outcome of the Crl. A. No.19 of 2024 and the
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2024:MLHC:687
applicant be released on bail on his furnishing a bail bond of Rs.20,000/-
(Rupees twenty thousand rupees) with a surety of like amount. The
applicant shall not leave the State without giving prior information to the
concerned police station.
The L.C. Record called for by this Court in connection with the Crl.
A. No.19 of 2024 may be returned back to the Trial Court to facilitate the
acceptance the bail bond of the applicant. The L.C. Record be remitted
back by the Trial Court to this Court immediately after completion of the
formalities of the acceptance of the bail bond.
With the above, this Crl. M.C. No.75 of 2024 stands disposed of.
Judge
Meghalaya
31.07.2024
Biswarup PS
“
”
Page 3 of 3
Signature Not Verified
Digitally signed by BISWARUP
BHATTACHARJEE
Date: 2024.07.31 17:47:20 IST
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