The division judge bench of Justice K.M. Joseph and Justice Aravind Kumar of the apex court in the case of Sebil Elanjimpally Vs The State of Orissa held that the co-accused who has not surrendered cannot be a germane factor to decline bail.
Brief facts:
The factual matrix of the case is that the Appellant was charged for the commission of offenses under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. He was in custody for two years and 11 months. The High Court rejected the bail application of the Petitioner on the ground that the co-accused has not surrendered before the court.
Observations of the Court:
The Hon’ble Apex Court held that the co-accused who was released on bail has not surrendered, hence this cannot be a relevant reason to deny bail to the appellant, the co-accused.
Based on this consideration, the Hon’ble Court was of the view that the matter needs to be sent for reconsideration before the High Court.
The decision of the court:
With the above direction, the Hon’ble Court allowed the present appeal.
Case title: Sebil Elanjimpally Vs The State of Orissa
Coram: Hon’ble Mr. Justice K.M. Joseph and Hon’ble Mr. Justice Aravind Kumar
Citation: 2023 Latest Caselaw 521 SC
Case No.: Criminal Appeal No. 1578 of 2023
Advocates for the Appellant: Mr. Hitendra Nath Rath, AOR Dr. J. Prasangi, Adv. Mr. R. Sreeramulu, Adv. Mr. Rajiv Kapoor, Adv. Mr. Vikas Sinha, Adv.
Advocate for the Respondent: Ms. Samapika Biswal, AOR
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