Supreme Court Grants Bail To Handicapped Accused Who Was Undetrial For 4 Years In NDPS & MCOCA Case

Taking into consideration the physical condition of a handicapped person with jaipur foot who had lost about 12 kgs of weight, the Supreme Court recently granted bail to an accused charged under NDPS Act, 1985 and Maharashtra Control of Organised Crime Act, 1999 ('MCOCAct').

The bench of Justices SK Kaul and MM Sundresh while granting bail in their order said,

"In view of the aforesaid facts and circumstances and looking to the fact that the trial is even yet to commence, the appellant is in custody for four years, the period of custody itself would logically give a break from the syndicate the head of which is in custody, looking at the physical condition of the appellant, we are inclined to grant bail to the appellant on terms and conditions to the satisfaction of the trial Court. We are granting the bail to the appellant in the given facts of the case not to be treated as a precedent for the other co-accused."

Appearing for the appellant, counsel contended that the appellant had been in custody for more than four years and trial has not commenced. It was also the counsel's contention that the appellant was a handicapped person with a Jaipur foot who had lost about 12 kgs of weight in custody with the result that even the Jaipur foot does not fit him appropriately.

Opposing the bail on the ground that provisions of MCOC Act were invoked as the appellant was found connected with a syndicate of Aarti Misal, who was stated to be in custody, State's counsel submitted that possible the trial would not have commenced. It was also his contention that as per the affidavit there was no case against the appellant except an old case under Section 307/324 of IPC.

While allowing the criminal appeal, the bench said, "Apart from any other condition, the appellant will report to the local Police Station on alternate Mondays in the forenoon. We make it clear that if the appellant is found indulging in trade of drugs or any other offence is detected against him, the prosecution will be at liberty to move for cancellation of bail of the appellant before the Trial Court itself which would be entitled to cancel the bail in such eventuality."

Case Title: Rocky Singh Rajinder Singh Kalyani V. The State Of Maharashtra| Special Leave to Appeal (Crl.) No.9286/2021

Coram: Justices SK Kaul and MM Sundresh

Counsels for Appellant: Sudhanshu S. Choudhari, AOR

Counsel For State: Advocate(s) Rahul Chitnis, Sachin Patil, Aaditya A. Pande, Geo Joseph, Shwetal Shepal

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