Sanjay Mandal @ Panchu v. State Of West Bengal

15.04.2024.

11.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 655 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.21 of 2022 arising out of Kaliachak P.S. Case No.116 of 2022 dated 30.01.2022 under Section 21(c)/29 of the NDPS Act. In the matter of : Sanjay Mandal @ Panchu.

.... Petitioner.

Mr. Sanjib Kr. Dan.

...for the Petitioner.

Ms. Subhasree Patel.

...for the State.

1.

Petitioner is in custody for two years and two months. He submits there is delay in trial. Accordingly, he prays for bail. 2.

Learned Advocate for the State opposes the bail prayer. She submits three out of six witnesses have already been examined.

3.

We have considered the materials on record. Though 385 gms. of heroin was recovered from the petitioner, he is in custody for two years and two months. Delay is not attributed to the defence. Three out of six witnesses have been examined. There is little possibility of trial concluding in the near future. 4.

Under such circumstances, we are of the opinion petitioner has 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 5.

Hence, we are inclined to grant bail to the petitioner. 1 2023 SCC OnLine 1109 Signed By : ALOK SETH High Court of Calcutta 16 th of April 2024 05:25:41 PM

6.

Accordingly, the petitioner viz., Sanjay Mandal @ Panchu 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 the N.D.P.S. Act, Malda 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.

7. 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.

8.

This application for bail is, thus, disposed of. (Gaurang Kanth,J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 16 th of April 2024 05:25:41 PM