Shillong, May 16 : Former GHADC member Sofior Rahman was granted default bail by the Meghalaya High Court on Friday in connection with cases linked to the recent unrest in Garo Hills after the investigating agency failed to submit a chargesheet within the statutory time limit prescribed under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The order was passed by Justice W. Diengdoh, who observed that the legal principle governing default bail could not be ignored once the mandatory filing period had expired without submission of the chargesheet.
Rahman had earlier been arrested over allegations connected to communal disharmony during the unrest surrounding the politically sensitive GHADC election period.
Multiple FIRs had reportedly been registered against him in different districts over the same alleged social media post before the High Court later directed that the matters be clubbed together for further proceedings.
During the hearing, senior counsel K. Paul, appearing for the petitioner, argued that the offences invoked against Rahman carried punishment below seven years, making the 60-day deadline for filing the chargesheet legally applicable under Section 187 of the BNSS.
The defence maintained that once the statutory period expired without completion of the investigation process through filing of the chargesheet, the accused became entitled to default bail under law.
Appearing on behalf of the State, Senior Government Advocate N.G. Shylla acknowledged before the court that the chargesheet had not been filed within the prescribed period.
Related : Former MLA Esmatur Mominin granted bail in Garo Hills unrest cases
However, the State opposed the bail plea, arguing that the case was linked to the volatile law-and-order situation that emerged in Garo Hills during the District Council election period and expressed concern that Rahman’s release could potentially affect public order.
After considering submissions from both sides, the High Court ruled that the statutory protection available under default bail provisions must prevail once the filing deadline had lapsed.
While granting relief, the court also referred to the Supreme Court judgment in Rakesh Kumar Paul vs State of Assam, reaffirming the importance of personal liberty and procedural safeguards within the criminal justice system.
The court directed Rahman’s release on several conditions, including cooperation with the investigation, mandatory court appearances whenever required, and restrictions on leaving Meghalaya without prior judicial permission.
He was further instructed not to influence witnesses, interfere with evidence, or violate any condition imposed by the court.
Rahman was ordered to furnish a personal bond of Rs 50,000 along with two local sureties of the same amount before the trial court.
The case originated from Araimile Police Station and remains under judicial process as investigations linked to the Garo Hills unrest continue.
Read Also : Thieves burn CCTV cameras before looting Hanuman Mandir in Shillong’s Garikhana
