EWAN M. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. H. Kharmih, learned Addl. PP on behalf of the State respondent, who has submitted that a report has been received from the Investigating Officer, wherein, it was indicated that the complainant, on being asked whether he would contest the case or engage a Legal Aid Counsel, has declined to do so. Accordingly, it is prayed that this matter may be heard in the absence of the complainant.

(2.) Also heard Mr. S.A. Sheikh, learned counsel for the petitioner, who has submitted that the accused person, Shri. Manjith R. Marak was arrested in connection with Baghmara Women P.S. Case No. 13 (08) 2023 under Sec. 354A IPC read with Sec. 7/8 of the POCSO Act. After the investigation was completed and charge sheet filed, the matter has proceeded before the Trial Court being Special (POCSO) Case No. 9 of 2023 pending before the Court of the learned Special Judge (POCSO), Baghmara, South Garo Hills.

(3.) The learned counsel also submits that the stage of the case is for recording of evidence of witnesses being nine of them, however, till date, only two witnesses have been examined including the survivor. As such, considering the fact that the accused person has been in custody for almost 2 1/2 years, and there is no likelihood of the trial to be concluded in the next one or two months, it is therefore prayed that the accused may be enlarged on bail to allow him to present his defence effectively.