Fact That Co-Accused Has Not Surrendered Cannot Be A Ground To Deny Bail : Supreme Court

The Supreme Court recently observed that an accused cannot be denied bail on the sole ground that the co-accused has not surrendered. The Court was considering a bail application filed by an accused who was under custody for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985. 

It noted that the sole reason which weighed with the High Court for denying bail was that the co-accused, who was released on bail, has not surrendered.

"we are of the view that the fact that the co-accused who was released on bail has not surrendered cannot be a germane factor to decline bail to the co-accused, namely, the appellant", observed a bench comprising Justices KM Joseph and Arvind Kumar.

The bench also noted that the appellant had been under custody for two years and 11 months. The bench directed the High Court to reconsider the bail application, particularly taking note of the fact that charges have been framed and 19 prosecution witnesses are proposed to be examined.

Case : Sebil Elanjimpally vs The State of Odisha

Citation : 2023 LiveLaw (SC) 474

Click here to read the order