Summary
The Court set aside the rejection of an NDPS bail application and returned it to the High Court for reconsideration. The sole discernible reason for refusal was that another accused, who had obtained bail, had not surrendered. That conduct was not a germane ground to decline the appellant’s bail request. The Court ordered fresh consideration rather than granting bail itself.
Issues
- Whether a co-accused’s failure to surrender after release on bail was a germane ground to refuse the appellant’s bail application.
- What directions should govern fresh consideration of the bail application.
Held
- The only discernible reason for the High Court’s refusal was the failure of a bailed co-accused to surrender. That circumstance was not germane to declining the appellant’s bail application and required reconsideration of the application on its own merits. (¶¶ 4, 5, 7, 8, 9)
- The appellant had been in custody for two years and eleven months; charges had been framed and the State proposed nineteen prosecution witnesses. The Court set aside the impugned order and directed the High Court to reconsider BLAPL No. 6803 of 2022, requesting earliest disposal, preferably within two months of production of the order’s copy. It did not itself grant bail. (¶¶ 3, 9, 10)
Result
Appeal allowed; bail-rejection order set aside. High Court to reconsider BLAPL No. 6803 of 2022 expeditiously, preferably within two months of production of the order’s copy. No bail granted by this judgment.