The Special Court allowed the bail application of the accused Mina Bibi in an NDPS case. Recognizing her inability to furnish local sureties, the court modified the bail condition to accept general sureties along with a monetary bond.
Release on bail by furnishing a bond of Rs. 20,000 with two local sureties of like amount each.
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12.10.2022. 46. AGM/AN (Allowed).
C.R.M. (NDPS) 1036 of 2022 C.R.A.N.1 of 2022
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Karaya P. S. Case No.482 of 2019 dated 24.10.2019 under Sections 20(b) (ii)(C)/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 corresponding to NDPS Case No.83 of 2019 and ST 7(2)21.
In the matter of : Mina Bibi
… Petitioner. Mr. Ranajit Ray …for the Petitioner. Mr. Sanjoy Bardhan, Ms. Purnima Ghosh …..for the State.
Petitioner was unable to furnish local sureties. Hence, she is still in custody.
Under such circumstances, we modify the condition of bail imposed on the petitioner to furnish local sureties. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.20,000.00 (Rupees Twenty Thousand Only) with two sureties of like amount each, one of whom must be local to the satisfaction of learned Judgein-Charge, Special Court, under NDPS Act, subject to condition that she shall appear before the trial court on every date of hearing until further orders, and shall not
2
intimidate witnesses or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel her bail in accordance with law with further reference to this Court.
This application for bail is, thus, disposed of. Consequently, the application being CRAN 1 of 2022 is also disposed of.
(Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether bail can be granted to the petitioner who failed to furnish local sureties.
Whether the bail condition can be modified to require the furnishing of local sureties.
2 provisions across 2 enactments
Mina Bibi
State
Apurba Sinha Ray
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
