BENEDICT M. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The question arises in this instant pre-arrest bail application as to whether District Council Court has the power to entertain and redress pre-arrest bail application under Section-438 Cr.P.C.

(2.) For proper adjudication, notice was issued to all the Districts Council Courts in Meghalaya. In response to the notice of this Court, District Council Courts namely; Khasi Hills Autonomous District Council (KHADC), Jaintia Hills Autonomous District Council (JHADC) and Garo Hills Autonomous District Council (GHADC) entered appearance through their respective counsel. The State was represented by senior Government Advocate and the matter finally came up for hearing on 01.12.2014.

(3.) Mr. N. D. Chullai, learned senior counsel who appeared for on behalf of the State submitted that, District Counsel Court cannot entertain application under Section-438 Cr.P.C. The learned senior further contended that, District Courts are the creation of the Sixth Schedule of the Constitution of India and they can try only certain offences and not pre-arrest bail and he referred to classes of Courts as defined under Cr.P.C. as well as Section-32 and Section-33 Cr.P.C. He also relied on judgment of the Division Bench, Gauhati High Court, reported in 1993 Vol. 2 GLR-99 as well as the Notification dated 10.08.2011.