Calcutta High Court: The Division Bench of Kesang Doma Bhutia and Moushumi Bhattacharya, JJ. allowed a bail application of the petitioner suffering from 100% speech and hearing impairment under Section 439 of the Code of Criminal Procedure, 1973 under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
It was brought to the notice of the Court that he had been in custody for 440 days and has suffered from various ailments while in custody.
The Court considering the physical condition of the petitioner and a recent order of the Supreme Court in Rockysingh Jalindersingh Kalyani v. State of Maharashtra, Criminal Appeal No.176 of 2022 where Supreme Court also took into account the physical condition of the person suffering from disability, allowed the bail application.[Parimal Sardar v. State of West Bengal, 2022 SCC OnLine Cal 1217, order dated 18-04-2022]
Mr Arjun Chowdhury, Mrs Pratusha Dutta Chowdhury: For the Petitioner
Mr Aditishankar Chakraborty, Mr Sourav Ganguly: For the State