Barjahan Sekh @ Mastar v. State Of West Bengal

16.04.2024 Sl. No.9 akd [ALLOWED] C. R. M. (NDPS) 650 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 03.04.2024 in connection with Khargram Police Station Case No.30 of 2022 dated 11.01.2022 under Sections 21(c)/29 of the NDPS Act.

And In Re: Barjahan Sekh @ Mastar ... ... Petitioner Mr. Rajendra Banerjee Mr. Joy Chakraborty Mr. Sandip Dinda ... ... for the petitioner Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor Ms. Nandini Chatterjee ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about two years and three months. It is further submitted there is inordinate delay in trial. Co-accused viz. Munsur Sk. @ Mansur Sk. @ Munsur Sekh has been enlarged on bail. Accordingly, he prays for bail.

2. Learned Additional Public Prosecutor opposes the prayer for bail.

3. We have considered the materials on record. Petitioner is in custody for a protracted period of time. On the score of delay in trial, coaccused viz. Munsur Sk. @ Mansur Sk. @ Munsur Sekh has been enlarged on bail. Petitioner stands on the same footing with the said co-accused. Hence, we are inclined to extend the same privilege to the petitioner also.

4. Therefore, the accused/petitioner, namely Barjahan Sekh @ Mastar, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Signed By : ARUP KUMAR DAS High Court of Calcutta 18 th of April 2024 06:04:52 PM

Special Court under the NDPS Act-cum-Additional District & Sessions Judge, 2nd Court, Berhampore, Murshidabad subject to condition that the said petitioner 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.

5. In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 18 th of April 2024 06:04:52 PM