Shillong, June 29: The Meghalaya High Court has ordered that a Railway Protection Force (RPF)’s jawan, who shot dead his senior, be taken into custody after he was released on bail last month.

It may be mentioned here that jawan Arjun Deshwal shot dead his Assistant Commandant Mukesh Tyagi while injuring three others in their camp at Mawkyrwat town of South West Khasi Hills District in February earlier this year.

In its order issued here on Friday, the High Court said, “While considering submissions and the position as stated above by way of interim measure in term of Section 439(2) Cr.P.C. respondent (Arjun) who has been released from custody in compliance to order of the trial Court dated May 28, 2018, shall be taken into custody in connection with above mentioned case and lodged in Shillong district jail to be produced before the trial Court for trial on the scheduled date.”

It also stated that objections if any by the respondent be filed by or before next date of hearing which is scheduled to be held on July 9.

During the hearing, Advocate General has also highlighted various other aspects of the matter as also projected in the memo of motion, in short his submission is that concession of bail granted may be recalled otherwise accused being at large may have serious repercussions.

Once concession of bail has been extended i.e. discretion has been exercised normally accused has to be on notice as to why concession be not withdrawn.

“But instant case having peculiar facts and features warrants immediate indulgence, keeping in view heinousness of the crime committed i.e. not only the deceased has been killed but another officer who tried to control the accused from committing the offence too has been permanently injured as alleged in the final report submitted by the investigating agency,” the order stated.

However, the court said that at this stage least said is better otherwise rights of either party may get prejudice, even it shall not be appropriate to comment upon the position of the order impugned.

A case has been registered as Case No. 5(2) of 2018 P.S. Mawkyrwat for commission of offence punishable under Sections 302 and 326 I.P.C. Investigation has culminated in filing charge sheet (challan) for commission of the said offence.

Earlier, the AG said that the respondent has been admitted to bail by Additional District Magistrate (J) at Mawkyrwat vide order dated May 28, 2018 when there was no justification for exercising discretion in favour of the respondent (accused).

His further submission is that trial Court has not applied mind, it simply observed that charge sheet has already been filed.

He further submits that during investigation the accused has been medical examined and certified to be mentally unfit. How the arguing counsel in defence before trial Court has projected that the accused was mentally unstable is not forthcoming and even in case it would have been so some different procedures was to be followed.