The Supreme Court has held that the refusal of a fugitive co-accused to surrender will not affect the right of another person accused in the same case to get bail.
“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,” the apex court said in a recent order.
The order was based on an appeal filed by Sebil Elanjimpally against an Orissa High Court order refusing bail in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985.
The petitioner said he had been in custody for nearly three years. An earlier plea for bail was rejected in July 2022. This was the second time he was applying for bail.
However, the High Court had refused him the relief while observing that since his “co-accused, who has since been released on bail has not surrendered, this court is constrained not to entertain the bail application of the petitioner”.
The rejection of his bail application was despite raising arguments that his father had undergone surgery. On this, the High Court had merely directed the sessions court to expeditiously complete the trial and dispose the case.
The Supreme Court set aside the High Court decision. It found that charges had already been framed and 19 prosecution witnesses were proposed to be examined by the State.
The apex court asked the High Court to consider the bail plea afresh and decide it preferably within two months.
