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SUPREME COURT OF INDIA
RANJAN GOGOI, R. BANUMATHI, JJ.
MAYURESH NANDKUMAR PUROHIT - Appellant
Vs.
KAUSHIK MANNA - Respondent
Criminal Appeal No. 287 of 2018 (Arising out of Special Leave Petition (Criminal) No. 861 of 2018)
Decided on : 19-02-2018
Narcotic Drugs and Psychotropic Substances Act - Bail - Release of accused appellant
Fact of the Case:
The accused appellant was convicted under specific sections of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to 10 years of rigorous imprisonment and a fine. The appeal before the High Court had not been heard for a considerable period, and the accused had been in custody for over six years.
Finding of the Court:
The court, considering the totality of the facts of the case, ordered the release of the accused appellant on bail to the satisfaction of the learned trial Court, with the trial Court having the discretion to impose appropriate conditions.
Issues: Delay in hearing the appeal, prolonged custody of the accused, and the appropriateness of bail in the given circumstances.
Ratio Decidendi: The court's decision was influenced by the prolonged custody of the accused, the delay in hearing the appeal, and the totality of the facts of the case, leading to the order for the release of the accused on bail.
Final Decision: The order of the High Court was set aside, and the present appeal was disposed of with the decision to release the accused appellant on bail.
ORDER :
1. We have heard the learned counsels for the parties.
2. Leave granted.
3. The accused appellant has been convicted under Section 29 read with Section 8(c) and 20(b) (ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/- (Rupees one lakh) by the learned trial Court. Aggrieved, the accused appellant has filed an appeal before the Bombay High Court i.e. Criminal Appeal No. 1327 of 2013.
4. The appeal before the High Court, though listed for hearing, has not been heard till date and as per statements made by the learned counsel for the appellant some time may be taken for hearing of the appeal unless the same is expedited. We see no reason to expedite the hearing of the pending appeal before the High court as there are several similar and older matters in the cause-list of the particular bench hearing the matter.
5. The accused appellant has been in custody since 23rd November, 2011 i.e. for over six years. The sentence imposed is one of ten years. Considering the totality of the facts of the case, we are of the view that the accused appellant should be released on bail. We order accordingly. Therefore, the appellant is ordered to be released on bail to the satisfaction of the learned trial Court in connection with NDPS Special Case No.27/2012 in F.No.NCB/BZU/CR-19/2011.
6. The learned trial Court is free to impose appropriate condition(s) as it deems fit.
7. Consequently, the order of the High Court is set aside and the present appeal is disposed of in the above terms.
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