'Suffered Various Ailments While In Custody': Calcutta High Court Grants Bail To NDPS Accused With 100% Speech & Hearing Impairment

The Calcutta High Court has recently, in exercise of its powers under Section 439 of the CrPC, granted bail to an accused after taking into account that he suffers from complete speech and hearing impairment and that he had suffered from various physical ailments while in custody. 

A Bench comprising Justice Moushumi Bhattacharya and Justice Kesang Doma Bhutia was adjudicating upon a bail application of the petitioner who had been accused for the commission of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 

The Court noted that the petitioner had been in custody for 440 days and had suffered from various ailments while in custody. Taking into consideration the physical disability of the petitioner, the Court noted further,

"The petitioner admittedly suffers from 100% speech and hearing impairment. The petitioner has been in custody for 440 days and has suffered from various ailments while in custody. The petitioner has also been referred to the North Bengal Medical College for treatment."

Reliance was also placed on the Supreme Court judgment in Rockysingh Jalindersingh Kalyani v. The State of Maharashtra wherein the Apex Court had allowed an application of bail after taking into account the physical disability of the accused. 

Allowing the bail application, the Court ordered,

"Considering the physical condition of the petitioner and a recent order of the Supreme Court in Criminal Appeal No.176 of 2022 (Rockysingh Jalindersingh Kalyani vs. The State of Maharashtra), where the Supreme Court also took into account the physical condition of the person suffering from disability, we are inclined to allow the application for bail."

Accordingly, the Court directed that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000 with two sureties of like amount each, one of whom must be local to the satisfaction of the concerned Sessions Judge. 

"The petitioner shall not leave the jurisdictional area of the local P.S. and the petitioner shall make himself available before the concerned court and the police station whenever required for investigation and questioning. The petitioner shall also make himself available before the trial court on every date of hearing whenever required and shall not intimidate any witnesses and tamper with any evidence in any manner whatsoever", the Court directed further. 

In the event, the petitioner fails to comply with the conditions as directed, the trial court shall be at liberty of cancelling the bail without further reference to this court, the order read further. 

Case Title: In the matter of: Parimal Sardar@Parimal Sikdar

Case Citation: 2022 LiveLaw (Cal) 179

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