1 Serial No. 02 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG BA. No. 80 of 2024 Date of Decision: 05.03.2025 Shri. Mitun Gowala, S/o (L) Ridoy Gowala, R/o Uttor Protappur, Sylhet, P.S. Maturtol Bazar, District-Gowainghat, Bangladesh. ……..Petitioner - Vs- 1. The State of Meghalaya Represented through Secretary And Commissioner, Home Police Department Government of Meghalaya, Shillong. 2. The Superintendent of Police, Shillong, East Khasi Hills District, Meghalaya. 3. The Officer-In-Charge, Sohra Police Station, East Khasi Hills District, Meghalaya. ……..Respondents Coram: Hon’ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioner/Appellant(s) : Mr. S. Panthi, Adv. Mr. B. Snaitang, Adv. 2025:MLHC:138 2 For the Respondent(s) : Mr. K. Khan, PP with Mr. S. Sengupta, Addl. PP. Mr. S.A. Sheikh, GA. for R 1-3. Ms. R. Fancon, Adv. vice Dr. N. Mozika, DSGI for R 4. 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. S. Panthi, learned counsel for the petitioner/accused, who has submitted that the petitioner/accused in question has since been enlarged on default bail by the Court of the learned Judicial Magistrate at Shillong vide order dated 03.01.2025 passed in G.R. Case No. 19 (A) of 2025 connected to Pynursla P.S. Case No. 37 (11) 2024, copy of the said order has been produced before this Court, the same is brought on record and marked as Annexure-A. It is the further submission of the learned counsel that since the petitioner/accused has been enlarged on bail, this instant petition has therefore become infructuous and the same may be disposed of accordingly. 2. Mr. K. Khan, learned PP assisted by Mr. S. Sengupta, learned Addl. PP on behalf of the State respondent Nos. 1-3 has no objection to the submission made by the learned counsel for the petitioner/accused and has 2025:MLHC:138 3 submitted that this Court may pass necessary orders in this regard. 3. This Court, on perusal of the said order of the learned Judicial Magistrate, has noticed that reference has been made to the case of Rakesh Kumar Paul v. State of Assam reported in (2017) 15 SCC 67, wherein the issue in the case being the question of default bail, whereupon the Hon’ble Supreme Court has directed that in case where Under Trial Prisoners are entitled to default bail, and such information has been brought to the knowledge of the Magistrate concerned, it would be incumbent upon such Magistrate to pass necessary orders in this regard, failing which the concerned Magistrate may be taken to task administratively. Accordingly, this Court finds nothing wrong with the legality of the said order passed. 4. In view of the submission made, this instant petition is hereby disposed of as infructuous. Judge 2025:MLHC:138 Digitally signed by DARIKORDOR NARY Date: 2025.03.05 15:58:16 IST