‘Non-functioning of regular courts not a ground for interim bail’

Ramkrishan Upadhyay
Tribune News Service
Chandigarh, August 5

Stating that the non-functioning of regular courts on account of Covid-19 does not make an accused entitled to be released on interim bail, the court of Special Judge Sanjiv Joshi rejected the bail application of a woman, who was arrested with heroin.

Nirmala of Dadu Majra Complex has been in the custody since 2018 after she was arrested with 200-gm heroin and other drugs by the police. The counsel for the petitioner argued that he wanted to examine some witnesses, but due to the non-functioning of regular courts, the accused is unable to adduce her evidence. It has been further submitted that the accused is the only bread earner of her family — two children and an ailing mother.

He further submitted that the accused be granted benefit of interim bail during the period of non-functioning of the courts and after the regular courts reopen, the accused shall surrender in the court.

Public prosecutor opposed the application and said her bail application was also dismissed by the Punjab and Haryana High Court.

After hearing the rival contentions and perusing the file, the court stated that the petitioner was not entitled to the benefit of interim bail as she was caught with 200-gm heroin and injections of buprenorphine and pheniramine maleate.

The petitioner has been chargesheeted under Sections 21 and 22 of the NDPS Act. The present case is fixed for defence evidence but due to the non-functioning of the regular courts, the same could not be recorded. “Since bail application moved by the accused was dismissed by the High Court, this court does not find it appropriate to release her on interim bail on account of non-functioning of the regular courts,” stated the judge.