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2022 Supreme(Megh) 54

W. DIENGDOH
Chandan Saikia – Appellant
Versus
State of Meghalaya – Respondent


Advocates appeared:
Mr. R. Choudhury, Advocate, for the Petitioner; Mr. H. Kharmih, Addl. PP, Mr. S. Sengupta, Addl. PP, for the Respondent

JUDGMENT

1. This is an application filed under Section 397 read with Section 482 of the Code of Criminal Procedure primarily directed against an order dated 19.05.2022 passed by the learned Special Judge, (POCSO), Shillong in Special (POCSO) Case No. 66 of 2020.

2. Heard Mr. R. Choudhury, learned counsel for the petitioner who has submitted that the petitioner herein is the accused in the said Special (POCSO) Case No. 66 of 2020.

3. The petitioner was granted default bail by the Court and in this regard, as part of the bail conditions, he has produced two sureties who has stood as bailors to ensure his attendance before the Court. The petitioner has then filed a petition before the Court with a prayer to produce fresh sureties as one of the sureties has filed an application before the Court with a prayer to discharge her from such liability and another surety could not be contacted. The petitioner has then prayed before the Court to allow fresh sureties who are his wife and his brother respectively.

4. The learned Court to determine the liability and competency as well as solvency of the sureties had made certain queries and not being satisfied with the answers given has, in particular

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