PHOMTORES KHARBANI vs STATE OF MEGHALAYA

2026:MLHC:988


Serial No. 10
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl.M.C. No. 142 of 2026 in
Crl.A. No. 78 of 2026
Date of Decision: 07.09.2026
Shri. Phomtores Kharbani
S/o Shri. S. Lyngkhoi,
Aged about 45 years
R/o Shriang Rymmaw Village,
West Khasi Hills District, Meghalaya
Presently serving sentence at District Prison & Correctional Home,
Shillong.
…Applicant
-Versus-
State of Meghalaya
Represented by the Public Prosecutor
Government of Meghalaya
…Respondent


Coram:
Hon’ble Mr. Justice W. Diengdoh, Judge

Appearance:
For the Petitioner/Appellant(s) : Mr. P. Yobin, Adv. with
Ms. B.L. Lyngkhoi, Adv.

For the Respondent(s) : Mr. H. Kharmih, Addl. P.P
Ms. S. Shyam, Asst. P.P
Mr. K.P. Bhattacharjee, GA

i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
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2026:MLHC:988


ORDER (ORAL)
1. Heard P. Yobin, learned counsel for the applicant who has
submitted that this application has been preferred with a prayer for grant of
suspension of sentence imposed upon the applicant/convict.

2. It is the submission of the learned counsel that the applicant on
being convicted by the Trial Court was made to undergo rigorous
imprisonment for a period of 3(three) years under Section 304 Part-II IPC
with fine of ₹ 3000/- (Rupees Three Thousand) only, the date of conviction
being 09.04.2025. In due course, the related appeal was filed before this
Court with a prayer to set aside and quash the judgment and order dated
20.03.2025 and the said order of sentence dated 09.04.2025. However, in
course of these proceedings, the applicant/convict had already served more
than half of the sentence imposed on him. The fact that the appeal is not
likely to be concluded in a short while, therefore, for ends of justice, the
prayer made for suspension of the sentence may be allowed and the
applicant/convict/appellant may be enlarged on bail with any conditions
that this Court may deem fit to impose.
3. Mr. H. Kharmih, learned Addl. P.P appearing for the State has
submitted that the sentence imposed upon the applicant/convict/appellant
is just and proper in the light of the evidence recorded by the Trial Court
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2026:MLHC:988


which has clearly proved the guilt of the applicant. However, as to the
prayer for suspension of sentence, the learned Addl. P.P has left to the
discretion of this Court to pass necessary order.
4. This Court has considered the submission made and on perusal of
the records it is seen that an appeal has been preferred, the
applicant/appellant being aggrieved and dissatisfied with the judgment and
sentence imposed upon him by the Trial Court, apparently for an offence
punishable under Section 304 Part-II of the IPC. This Court will not go into
the merit of the case at this stage however, on the basis of the application
and the facts as stated by the learned counsel for the applicant and also
relying on the decision of the Supreme Court in the case of Atul Alias
Ashutosh v. State of Madhya Pradesh reported in (2024) 3 SCC 663,
wherein the Supreme Court had allowed suspension of sentence pending
hearing of the appeal by the appellant who had served half the sentence
imposed on him, as such finding this a fit case to employ the ratio of the
said case referred to hereinabove, the prayer of the applicant is hereby
allowed.
5. Accordingly, pending disposal of the appeal, the sentence of the
applicant/appellant is hereby suspended. The applicant/appellant is to be
released on bail on the following conditions:
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2026:MLHC:988


i. That he shall not abscond;
ii. That he shall diligently pursue the appeal before this Court;
iii. That he shall not leave the jurisdiction of Meghalaya
without prior permission of this Court; and

iv. That he shall bind himself on a personal bond of ₹ 10,000/-
(Rupees Ten Thousand) only with one surety of like amount
to the satisfaction of the Trial Court.
6. Let copy of this order be issued upon the Trial Court for
compliance.
7. Criminal Misc. Case disposed of.
Judge
Meghalaya
07.09.2026
“ Tiprilynti– PS ”
Signature Not Verified
Digitally signed by
TIPRILYNTI KHARKONGOR
Date: 2026.09.07 18:31:48 IST
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