Partly allowed

Shri Ashok Biswas v. the State

Calcutta HC27 Apr 2023CRM(SB)/5/2023

Case brief

AI extract

What is this about?

The High Court granted bail to an NDPS convict pending appeal. The court noted a significant delay in filing appeal papers and lack of expeditious hearing despite the accused being on bail during trial. Bail was granted with sureties and reporting conditions.

What did the court decide?

Bail granted with Rs. 20,000 and two local sureties, reporting conditions, and restriction on leaving the islands.

Shri Ashok Biswas Vs the State — Narcotics (NDPS) | Calcutta HC (2023)

¶1

IN THE HIGH COURT AT CALCUTTA [CIRCUIT BENCH AT PORT BLAIR]

¶2

…

¶3

CRM(SB)/5/2023

¶4

Shri Ashok Biswas

¶5

Versus

¶6

The State

¶7

Mr. D. Ilango … for the petitioner

¶8

Mr. A.S.Zinu … for the State

¶9

April 27, 2023 [AKB] Item No. 6

¶10

The petitioner has filed the instant application under Section 389 of the Code of Criminal Procedure praying suspension of sentence. Learned counsel for the petitioner submits that the Special Judge (NDPS Act) at Mayabunder, North and Middle Andaman has convicted the accused for the offence under Section 20 (b) (ii) B of the NDPS Act and sentenced to surfer rigorous imprisonment for seven years also to pay fine of Rs. 50,000/-. In default of payment the petitioner has further to undergo rigorous imprisonment for six months more. The appellant was convicted by an order dated 23^rd September, 2022 and immediately the appellant has preferred an appeal and appeal was admitted, directions were given for preparation of paper book. It is found from the record till date no paper book has been filed. Learned counsel for the petitioner submits that more than eight months has been passed but no paper books has been prepared. He further submits that the appellant was all along on bail during the trial and he has not misused the liberty of bail at any point of time. He submitted that accused is a permanent resident of these Islands and he is having landed property at Diglipur. Learned counsel for the petitioner submits that the petitioner is ready to comply with any terms and conditions if this Court will grant bail to the petitioner.

¶11

Ms. A.S.Zinu, learned Public Prosecutor vehemently oppose the prayer for grant of bail and summits that after a full-fledged trial the learned Court of Special Judge, NDPS Court has convicted the accused for the offence under Section 20 (b) (ii) B of the NDPS Act and sentence to suffer seven years also to pay fine of Rs. 50,000/- and if at this stage the accused is enlarge on bail there is every apprehension that the accused will absconded from these

¶12

¶13

Islands. Ms. A.S.Zinu further submits that the accused is a resident of West Bengal and if the bail is granted he will abscond from these Islands.

¶14

Considered the submissions made by the counsel for the respective parties and perused the materials on record, it is find from the record, during the trial the accused was all along on bail and there was no adverse report against the accused. It is also found that there is no other case is registered against the accused other than the present case.

¶15

It is found from the record since the month of September 2022 the accused is in judicial custody but inspite of specific direction no paper book is filed. There is no chance for expeditious hearing of the appeal and as such this Court in inclined to grant bail to the accused imposing certain conditions.

¶16

The accused may find bail of Rs. 20,000/- with two sureties, one surety must be local on satisfaction of learned Chief Judicial Magistrate at Mayabunder. If on bail the accused must report to the Police of PS Mayabunder thrice in a week and shall not leave these Islands with prior permission of this Court.

¶17

The parties are directed to act on website copy of the order. Both the parties may be provided the plain copy of the order to act accordingly.

¶18

CRM (SB)/5/2023 is disposed of.

¶19

(Krishna Rao, J.)

Shri Ashok Biswas v. the State

Case brief

What is this about?

What did the court decide?

Shri Ashok Biswas v. the State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Suklal Hemram Vs State of W.B.

Uttam Samanta & Ors. Vs Tamalika Seth

Yusuf Ali Gazi & Ors. Vs Champak Bhattacharya & Anr.

Mintu Ghosh Vs State

Subrata Ghosh Vs the Chairman, Purulia Municipality

Bula Ghosh Vs Asish Bose