Sajoubam Shahbuddin On Behalf of Accused Sri Kh. Rohil Khan v. State of Tripura
2021-07-07
S.G.CHATTOPADHYAY
body2021
DigiLaw.ai
JUDGMENT [1] This application under section 439 of the Code of Criminal Procedure (Cr.P.C hereunder), 1973 has been filed on behalf of accused Rohil Khan who is in custody since his arrest on 23.09.2019 in A.D. Nagar PS case No. 2019 ADN 103 registered under sections 21(c), 27A read with section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short). [2] The factual background of the case is as under: Sri Lalthlanliana Darlong, Sub Inspector of police of A.D. Nagar police station lodged a suo motu FIR with the officer in charge of A.D. Nagar police station alleging, inter alia, that pursuant to an information received from secret source of police, he along with the Sub-Divisional police officer, Amtali and other police staff carried out a search in vehicle bearing registration No. TR 07 1214 (Bus) at Nagerjala Bus depot when the said bus was about to leave for its destination and recovered 32,690 yaba tablets in several packets from a bag from the possession of Md. Abul Hashem of Sonamura who was a passenger of the said vehicle. Said Md. Abul Hashem was arrested by police and the contraband recovered from his possession was seized by drawing a seizure list. [3] Based on the said FIR, A.D. Nagar PS case No. 2019 ADN 103 under sections 21(c), 27A read with section 29 of the NDPS Act was registered and the case was taken up for investigation. [4] During the investigation of the case, the present accused was arrested pursuant to the statement of the principal accused and certain materials were also collected against him supporting his involvement in the case. [5] Heard Mr. A. Basak, learned counsel appearing for the petitioner as well as Mr. R. Datta, learned P.P representing the State respondent. [6] It is contended by Mr. A. Basak, learned counsel appearing for the petitioner that petitioner is awaiting the trial of his case since his arrest on 23.09.2019. By this time the investigating agency has submitted charge sheet and trial has also commenced in the court of the jurisdictional Special Judge. During trial, evidence of two witnesses has been recorded by the trial court. According to Mr. Basak, learned counsel, the petitioner has already spent one year and nine months as an under trial prisoner in jail.
By this time the investigating agency has submitted charge sheet and trial has also commenced in the court of the jurisdictional Special Judge. During trial, evidence of two witnesses has been recorded by the trial court. According to Mr. Basak, learned counsel, the petitioner has already spent one year and nine months as an under trial prisoner in jail. There is no noticeable progress in the trial due to the pandemic situation and in all likelihood the trial may prolong. It is also contended by Mr. Basak, learned counsel that mother of the petitioner namely Sitarjan has recently expired on 08.06.2021 and the petitioner being her only son can attend his late mothers’ last rites if bail is granted to him even for an interim period. It is emphatically submitted by Mr. Basak, learned counsel that petitioner is ready to furnish fit sureties for his release on bail and in no case he will fail to attend the court as and when trial of his case will commence further. It is submitted by Mr. Basak, learned counsel that the accused is seeking his release on bail mainly on the ground of the death of his mother. It is submitted that he is ready to furnish fit surety for his release on bail. [7] While opposing the bail petition of the petitioner, Mr. R. Datta, learned P.P argues that the accused hails from Khangabok district of Manipur and if released on bail he is likely to jump his bail and it will be quite difficult to secure his attendance at the trial. It is further contended by Mr. Datta, learned P.P that allegations against the accused are very serious. Huge quantity of contraband was seized from the possession of the principal accused and the petitioner was his active collaborator. According to Mr. Datta, learned P.P, the trial has already commenced before the Special Judge and two witnesses have been examined. Further witnesses shall be examined as soon as court resumes physical hearing. In these circumstances, learned P.P urges the court to reject the bail application. [8] A photocopy of the death certificate of the mother of the accused has been submitted on behalf of the accused. The said certificate issued by Sub Registrar of Births and Deaths of the Department of Rural Development and Panchayat Raj, Government of Manipur goes to show that mother of the accused has died on 08.06.2021.
[8] A photocopy of the death certificate of the mother of the accused has been submitted on behalf of the accused. The said certificate issued by Sub Registrar of Births and Deaths of the Department of Rural Development and Panchayat Raj, Government of Manipur goes to show that mother of the accused has died on 08.06.2021. As noted, it has been submitted by Mr. A. Basak, learned counsel of the accused that the accused being the only son, his presence at his ancestral home is necessary to perform the last rites of his late mother. It is true that the accused is in custody since 23.09.2019 and the trial of his case is yet to be completed. After filing of charge sheet, only two witnesses have been examined and examination of further witnesses has been postponed due to the pandemic situation. Other witnesses will be examined only when the trial court resumes physical hearing. [9] Considering all these aspects, particularly the ground of his mother’s demise and the requirement of his presence at his ancestral home for performance of the last rites of his late mother, this court is of the view that it would be appropriate to allow bail to the accused for a period of one month under certain conditions. Accordingly, the accused may go on bail for a period of one month from today on his furnishing bail bond of Rs.50,000/- with two local sureties of the like amount each to the satisfaction of the trial court subject to the following conditions: (i) Before leaving the jurisdiction of the trial court, the accused will furnish to OC, A D Nagar P.S the full particulars of the place where he will be staying during the bail period including the name of his police station in his district in Manipur. (ii) He will surrender before the trial court on 06.08.2021 and after his surrender before the trial court he may file fresh bail application at the trial court for consideration by the learned trial judge. (iii) He will not try to influence the witnesses of this case in any manner, whatsoever. [10] Proper verification of the bail bonds as well as fitness of the sureties shall be made by the trial court while releasing the accused on bail.
(iii) He will not try to influence the witnesses of this case in any manner, whatsoever. [10] Proper verification of the bail bonds as well as fitness of the sureties shall be made by the trial court while releasing the accused on bail. O/C, A.D. Nagar police station shall inform the officer in charge of the jurisdictional police station in the district of the accused in Manipur about the release of the accused on bail. Communicate the order to the I.O as well as OC, AD Nagar P.S. A copy of the order be given to the trial Court. In terms of the above, the petition is disposed of.