Goutam Sarkar v. State Of West Bengal

01.03.2024.

18.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 395 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nischinda P. S. Case No.207 of 2019 dated 19.11.2019 under Sections 20(b)(ii)C of the NDPS Act.

In the matter of : Goutam Sarkar.

.... Petitioner.

Mr. Ashok Das, Mr. Sourav Mukherjee, Ms. Hasi Jana.

...for the Petitioner.

Mr. Dipankar Mahata.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Petitioner is in custody for more than four years. Only one witness has been examined. There is little possibility of trial concluding in the near future.

3.

Under such circumstances, we are of the opinion petitioners have been able to make out a case for bail on the ground of delay in trial. Bail prayer on the ground of delay in trial is not fettered by restrictions under Section 37 of the NDPS Act as held in Rabi Prakash Vs. State of Odisha1. 4.

Hence, we are inclined to grant bail to the petitioners. 5.

Accordingly, the petitioners viz., Goutam Sarkar shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the N.D.P.S. Act, Howrah subject to condition that he

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 or commit similar offences in future.

6.

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

7.

This application for bail is, thus, disposed of. (Gaurang Kanth,J.) (Joymalya Bagchi, J.) 1 (2023) SCC OnLine SC 1109