Simply Because Co-Accused Who Was Released On Bail Has Not Surrendered Is No Reason To Deny Bail To Other Accused: SC

Finding that the attempt to secure bail at the hands of the High Court has failed because the co-accused who had since been released on bail has not surrendered, the Supreme Court said that the matter must have reconsideration again at the hands of the High Court.

A Two Judge Bench of Justice K.M Joseph and Justice Aravind Kumar observed that “the fact that the co-accused who was released on bail has not surrendered cannot be a germane factor to decline bail to the co-accused, namely, the appellant”.

Advocate Hitendra Nath Rath appeared for the Appellant, whereas Advocate Samapika Biswal appeared for the Respondent.

In a nutshell, the Appellant was charged for alleged commission of offences under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and had been in custody for two years and eleven months. Since his bail application was rejected twice, hence present appeal.

After considering the submission, the Apex Court noted the case of the Appellant that his father has undergone surgery and found that the only factor for not entertaining the bail application was the fact that the co-accused who was released on bail has not surrendered.

Accordingly, the Bench allowed the appeal and asked the High Court to take up BLAPL No. 6803/2022 and pass orders on the same since it is a case where the charges have been framed and 19 prosecution witnesses are proposed to be examined by the State.

Cause Title: Sebil Elanjimpally v. State of Odisha

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