Visto Pohena v. The State of Assam

ORDER

18.10.2023

Heard Mr. S. Munir, learned counsel for the accused petitioner. Also heard Mr. B. B. Gogoi, learned Addl. Public Prosecutor, Assam appearing for the State respondent. By this petition under Section 439 Cr.P.C., the accused petitioner, namely Visto Pohena has prayed for grant of bail in connection with N.D.P.S. Case No.41/2022 arising out of Khatkhati P.S. Case No.34/2022 under Section Page No.# 2/3 21(c)/24/29 of the N.D.P.S. Act. The scanned copy of case record, as called for, is placed before the Court. The case relates to recovery and seizure of 711.06 grams of heroin from the possession of the accused petitioner. It is noticed that the accused petitioner has been in judicial custody since

30.03.2022, that is, for 567 days. Mr. B. B. Gogoi, learned Addl. Public Prosecutor, Assam appearing for the State respondent has raised strong objection against grant of bail to the accused petitioner. Perusal of the case record shows that charge was framed by the learned trial Court under Section 21(c) read with Section 29 of the NDPS Act against the accused petitioner vide order, dated 14.07.2023. Thereafter, out of the listed 3(three) prosecution witnesses 2(two) PWs are already examined in the case. This Court is of the opinion that although there is bar under Section 37 of the N.D.P.S. Act in granting bail to accused in matters involving commercial quantity in view of the mandate under Article 21 of the Constitution of India, if the accused petitioner, who is a permanent resident of Nagaland, is released on bail, there is no chance of her jumping the trial of the case. For the above stated reasons, it is provided that the accused petitioner, named above, shall be released on bail of Rs.1,00,000/-(Rupees One Lakh) only with two sureties of like amount to the satisfaction of the learned Special Judge (NDPS Act), Karbi Anglong, Diphu subject to the following g conditions-

i) That the accused petitioner shall continue to appear before the learned Page No.# 3/3 trial Court on all dates to be fixed from time to time till the case is disposed of;

ii) That the accused petitioner shall not directly or indirectly make any inducement, threat or promise to the remaining prosecution witnesses, who are acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court;

iii) That the accused petitioner shall refrain from committing any offences similar to the one of which he is accused of commission; and

iv) That out of the two sureties, one must be a government servant subject to verification of the relevant documents, if deemed necessary and after such verification, the learned court below shall return the original documents retaining legible scanned copy thereof on record for future reference; Breach of any of the above conditions shall render cancellation of bail in accordance with law. This disposes of the bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010132262023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2135/2023 VISTO POHENA S/O ZHONYO POHENA @ ZUNUO POHENA R/O VILL- ZHAVAME (ZHAMAI) P.S. PFUTSERO DIST. PHEK, NAGALAND. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR