Recently, the Supreme Court has said when a court concludes that an accused is entitled to be enlarged on bail pending trial, then granting the relief only for a limited duration is "illegal" and such orders violate the right to liberty.
The apex court, which was hearing a plea filed by a man facing prosecution for alleged offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, said such orders put an additional burden on the litigant as he was forced to file a fresh bail application for extension of the relief granted earlier.
Apex Court Bench, comprising of Justice Abhay S Oka and Justice Pankaj Mithal, expounded that,"When a court concludes that the accused is entitled to be enlarged on bail pending trial, granting bail only for a limited duration is illegal. Such orders violate the right to liberty under Article 21 of the Constitution of India,".
SC Bench ordered modification of the order passed by the Orissa High Court and directed that the Appellant shall be enlarged on bail until the final disposal of the case on the terms and conditions mentioned in the impugned order.
HC in its order hs concluded that an accused was entitled to be enlarged on bail, but ended up granting interim bail for 45 days.
The appellant-accused is being prosecuted for the offences punishable under Section 20(b)(ii)(C), 25 and 29 of the NDPS Act,1985.
Read Order @LatestLaws.com:
Picture Source :
