By Our Reporter
SHILLONG: The High Court of Meghalaya on Friday set aside and quashed the bail order of rape accused police officer Nurul Islam, which was passed by the Special Judge (POCSO), Shillong on July 8 this year.
Justice T.N.K. Singh on Friday said that the bail orders were passed by the learned Special Judge (POCSO), Shillong by non-application of mind and also ignoring the relevant material indicating prima facie involvement of the accused police officer Nurul Islam.
The Court also directed that the accused be taken into judicial custody forthwith and announced that the bail bond and surety bonds were cancelled.
However, the Court said that the trial court may consider the bail application of the accused police officer, if necessary, according to laws and the principles laid down by the apex court regarding granting of bail.
The news item in The Shillong Times under the caption “Twin court order stunts Nurul’s family” wherein, it was reported that the accused police officer was granted bail on June 24, bail bond was accepted and on the same day the bail was cancelled, was brought to the notice of the court by the Registry.
Accordingly, a report had been called from the Special Judge (POCSO), who had passed the said bail order on June 24. On receipt of the said report, the high court took up the matter on judicial side.
No reason had been given by the Special Judge (POCSO) for entertaining the bail application on the very day the accused police office had appeared and surrendered before the court.
Later, on the same day, the Special Judge cancelled the said bail order which was passed in the early hours of the day and allowed the prayer of the Superintendent of Police (City), Shillong to thoroughly interrogate the accused police officer and remanded him in 14-day judicial custody for interrogation.
On July 8, the Special Judge (POSCO) allowed the accused to go out on bail.
Islam, who was the sub-inspector at Ampati police station in South West Garo Hills, was allegedly accused of raping two girls at Ampati in March, 2013 and subsequently, Meghalaya police claimed that Islam was ‘absconding’.
Islam was taken into custody on June 1, 2013, and escaped the following day from police custody at Tura, the district headquarters of West Garo Hills.
