Irengbam Somorjit @ Samarjit @ Samarjit Singh v. The State Of West Bengal
61.
04.09.2024 Court No.28 (Tanmoy) Allowed
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 1354 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Katwa Police Station Case No. 441/2022, dated 16.07.2022 under Sections 18(b)/25/27A/28/29 of the NDPS Act, 1985. And In the matter of: - Irengbam Somorjit @ Samarjit Singh ...petitioner.
Mr. Sandip Dinda ...for the petitioner.
Mr. Bitasok Banerjee Mr. Shashanka Shekhar Saha ...for the State.
Dictated by Arijit Banerjee, J.
1. The petitioner renews his prayer for bail which was earlier rejected on February 2, 2023. He claims parity citing an order dated August 19, 2024, passed by a co-ordinate Bench in CRM (NDPS) 1153 of 2024, whereby a co-accused person, namely, Sajid Hasim @ Hasim, was enlarged on bail primarily on the ground of prolonged detention and delay in progress of trial. The petitioner says that he stands on the same footing as Sajid Hasim @ Hasim.
2. While opposing the prayer for bail learned Advocate for the State, in his usual fairness, does not dispute that this petitioner and the aforesaid Sajid Hasim @ Hasim are similarly circumstanced.
3. Hence, on the ground of parity, we allow the petitioner's prayer for bail.
Signed By :
TANMOY GHOSH High Court of Calcutta 4 th of September 2024 06:10:43 PM
4. Accordingly, we direct that the petitioner, namely, Irengbam Somorjit @ Samarjit Singh shall be released on bail upon furnishing a bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special 3rd Court, under NDPS Act, Purba Bardhaman, subject to condition that the petitioner shall appear before the learned Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition the petitioner, while on bail, shall not leave the geographical limits of the district of Purba Bardhaman and shall report to the Officer-in-Charge, Katwa Police Station once in a week until further orders.
5. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.
6. The application for bail being CRM (NDPS) 1354 of 2024 is accordingly disposed of.
7. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.
(Arijit Banerjee, J.) (Prasenjit Biswas, J.) Signed By :
TANMOY GHOSH High Court of Calcutta 4 th of September 2024 06:10:43 PM