Once Court Concludes That Person Is Entitled To Bail, Granting Bail For Limited Period Is Illegal: Supreme Court

The Supreme Court recently said that once a court arrives at the conclusion that a person is entitled to bail, bail cannot be granted only for a limited period of time. 

"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. Moreover, it puts an additional burden on the litigant as he is forced to file a fresh bail application for an extension of the bail granted earlier," the bench of Justice Abhay S Oka and Justice Pankaj Mithal stated. 

The Appellant in the case at hand, had been booked under Sections 20(b)(ii)(C), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The High Court of Orissa had noted that there was prolonged incarceration of the Appellant with no prospect of the trial coming to an end. The High Court had thus concluded that he was entitled to be enlarged on bail. However, the High Court only granted him interim bail for 45 days and disposed of the application. Against the order, he approached the Supreme Court in appeal. 

The Apex Court noted that after granting the interim bail, High Court disposed of the bail application. “If an order granting interim bail was to be passed, the bail application should have been kept pending” the Apex Court said.

The Apex Court expressed its displeasure at the practice of the Orissa High Court granting interim bail after concluding that the person is entitled to bail. 

“We may note here that this is the fifth or sixth order which we came across from the same High Court where, after recording a finding that an accused was entitled to be enlarged on bail, the High Court has chosen to grant either interim bail or bail for a short duration.”

Thus the Apex Court modified the High Court order and directed that the appellant shall be enlarged on bail until the final disposal of the case.

Case Title: MANORANJAN ROUT V. STATE OF ODISHA, CRIMINAL APPEAL NO.3633 OF 2023

Citation : 2023 LiveLaw (SC) 1028

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