Shillong, May 15: Former Phulbari MLA Esmatur Mominin secured bail in all four cases filed by the government against him during the unrest in Garo Hills.
The allegation against the accused was that he was spreading communal hatred.
Advocate N. Khera and his legal team appeared on behalf of the accused and secured bail.
An official source said that Khera succeeded in securing bal for the accused as there was no clarity on the ground of arrest
The advocate was not available for comments.
The court found that details regarding his arrest were not communicated to the accused when he was arrested.
The intimation of grounds of arrest, though the provisions of law has been recorded under which the accused was booked, the intimation of grounds of arrest is simply a tick mark on a prepared format which reads “suspected of being involved in a cognizable offence which is under investigation” and in the heading full particulars of offence for which arrested, the I/O has simply recorded “he is the named accused person in the FIR”.
Two cases were filed separately in Phulbari after the FIRs were lodged by John Leslee Sangma and Mukul Sangma.
In these cases, the Sessions Judge, Tura. A.M.Ripnar listed several conditions after the bail was granted
Conditions
“Accused Shri S.G. Esmatur Mominin is enlarge on bail of Rs. 80,000/(Rupees Eighty Thousand) only with two sureties of the like amount each with the following conditions:
1. He shall appear before the I/O as and when required and before Court in the event the case is chargesheeted.
2. He shall not abscond.
3. He shall not hamper or tamper with evidence.
4. He shall not influence the complainant/witnesses directly or indirectly and he shall not threaten the complainant or witnesses.
5. He shall not come into contact or make any contact with any of the witnesses.
6. He shall not leave the jurisdiction of the Court without prior permission.
7. He shall not commit similar offence in the future.
Failure to comply with the above condition bail will be liable to be cancelled.The bail petition stands disposed off. Bail bond to be executed before theJMFC, Phulbari Circuit Court”.
