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Calcutta High CourtCRM (NDPS)/240/2023allowed

Puspa Halder @ Jaya v. State Of West Bengal

2023-02-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

10.02.2023.

28.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 240 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bandel G. R. P. S. Case No.10 of 2020 dated 04.02.2020 under Section 20(b)(ii) of the NDPS Act.

In the matter of : Smt. Puspa Halder @ Jaya.

.... Petitioner.

Mr. Kazi Safiullah.

...for the Petitioner.

Mr. Saswata Gopal Mukherji, ld. P.P., Mr. Sandip Chakraborty, Mr. Saryati Dutta.

...for the State.

Petitioner is in custody for more than three years. It is submitted there is inordinate delay in trial. Co-accuseds have been granted bail.

Learned Advocate for the State produces the Case Diary. We have considered the materials on record. Co-accuseds have been granted bail on the ground of delay in trial. Petitioner stands on the same footing as that of co-accuseds. Under such circumstances, we are inclined to grant bail to the petitioner also.

Accordingly, the petitioner viz., Smt. Puspa Halder @ Jaya shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under N.D.P.S. Act, Chinsurah, Hooghly subject to condition that she shall appear before the trial court on every date of hearing until further orders and shall not

intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel her bail in accordance with law without further reference to this Court.

This application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)