VidhiSangh

Supreme Court of India · 18/05/2023

SEBIL ELANJIMPALLY versus THE STATE OF ODISHA

[2023] 6 S.C.R. 563 · 2023 INSC 557

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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

  1. Whether a co-accused’s failure to surrender after release on bail was a germane ground to refuse the appellant’s bail application.
  2. What directions should govern fresh consideration of the bail application.

Held

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.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 563.