Not surrendering of co-accused cannot be a germane factor to decline bail: Supreme Court

Not surrendering of co-accused cannot be a germane factor to decline bail: Supreme Court

Hon’ble Supreme Court has allowed the appeal against the order of bail rejection passed by High Court for not surrendering of co-accused after released on bail.

BRIEF FACTS OF THE CASE

The appellant has been charged for alleged commission of offences under S.20(b)(ii)(c) of the NDPS Act. He was in custody for more than two years. The impugned order passed by the High Court is the order of second Bail application. The High Court has rejected the bail application for the second time while stating the reason that the co-accused who was released on bail has not surrendered.

OBSERVATION OF THE HON’BLE SUPREME COURT

 After the submissions made by the learned counsel for the both side Hon’ble Court held

“The impugned order shows that what has weighed with the Court is the fact that the co-accused who was released on bail has not surrendered. It is this factor alone which we can discern to be the reason to not entertain the bail application.”

Further the Hon’ble Court has observed

 “……..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.”

 While allowing the appeal Supreme Court has sent the matter to High Court for  reconsideration. Also requested the High Court for taking the bail application and for disposing of the same at earliest.

Law points Involved

• 20(b)(ii)(c) of the NDPS Act

Case Title: SEBIL ELANJIMPALLY Vs. THE STATE OF ODISA

Case no: CRIMINAL APPEAL NO. 1578 OF 2023 (Arising out of SLP    (Crl.) No. 3518 of 2023)

 Order date :- 18/May/2023