1. Accused under Section 20(b)(ii)(C) of the NDPS Act seeking regular bail after approximately three years of incarceration. (Para 2 )
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2025 Supreme(SC) 719
SUPREME COURT OF INDIA
SUDHANSHU DHULIA, K. VINOD CHANDRAN, JJ.
Asim Mallik – Petitioner
VERSUS
The State of Odisha – Respondent
Special Leave Petition (Criminal) Diary No(s). 57403 of 2024
Decided On : 24-04-2025
Advocates appeared:
For the Petitioner(s): Mr. Shrey Kapoor, AOR Mr. Lalitendu Mohpatra, Adv.
For the Respondent(s): Ms. Sharmila Upadhyay, AOR Mr. Sarvjit Pratap Singh, Adv.
For the Petitioner(s): Mr. Shrey Kapoor, AOR Mr. Lalitendu Mohpatra, Adv.
For the Respondent(s): Ms. Sharmila Upadhyay, AOR Mr. Sarvjit Pratap Singh, Adv.
IMPORTANT POINT
Interim bail – Either Court should grant regular bail or should refuse to grant bail – Granting interim bail should be an exception and should not be granted in a routine manner and repeatedly.
Headnote:
Criminal Procedure Code, 1973 – Section 439 [Section 483 of BNSS, 2023] – Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Interim bail – Though, it may be necessary in some cases to grant interim bail to take care of specific contingencies, but as a routine, interim bail should not be granted – Either Court should grant regular bail or should refuse to grant bail – Granting interim bail should be an exception and should not be granted in a routine manner and repeatedly – Petitioner directed to be released on bail forthwith on usual terms and conditions to be decided by concerned Court. (Paras 2, 3 and 4)
Facts of the case:
Petitioner is an accused for the offences punishable under Sections 20(b)(ii)(C) of the NDPS Act. The High Court, vide impugned order dated 06.09.2024, has granted interim bail to the petitioner. He has already undergone about 03 years in jail.
Findings of Court:
Considering period of incarceration of petitioner and the entire facts and circumstances of this case, case of bail is made out for petitioner and prayer for bail is allowed.
Result : Bail Application allowed.
Act Referred
Legal Category Hierarchy
Table of Contents
2. Interim bail should be an exception and not granted in a routine or repeated manner; courts should either grant regular bail or refuse it. (Para 5 )
3. Bail may be granted by considering the period of incarceration of the accused along with the entire facts and circumstances of the case. (Para 3 )
4. Petitioner directed to be released on bail forthwith on usual terms and conditions. (Para 4 , 6 )
5. What factors are considered when deciding a bail application for an accused under the NDPS Act?
The court considers the period of incarceration of the petitioner and the entire facts and circumstances of the case to determine if a case for bail is made out. (Para 3 )
6. What is the legal position regarding the routine granting of interim bail?
Interim bail should be an exception and not granted in a routine or repeated manner; the court should either grant regular bail or refuse to grant bail. (Para 5 )
ORDER
Delay condoned.
2. The petitioner is an accused for the offences punishable under Sections 20(b)(ii)(C) of the NDPS Act. The High Court, vide impugned order dated 06.09.2024, has granted interim bail to the petitioner. He has already undergone about 03 years in jail.
3. Considering the period of incarceration of the petitioner and the entire facts and circumstances of this case, we are of the opinion that a case of bail is made out for the petitioner and therefore, the prayer for bail is allowed.
4. Accordingly, the petitioner is directed to be released on bail forthwith on the usual terms and conditions to be decided by the concerned Court.
5. However, we have noticed in several such cases, which are coming to this Court challenging the orders passed by the Odisha High Court, that recurring interim bail is granted for the same applicant over and over again. Though, it may be necessary in some cases to grant interim bail to take care of specific contingencies, but as a routine, interim bail should not be granted. Either the Court should grant regular bail or should refuse to grant bail. Granting interim bail should be an exception, and should not be granted in a routine manner and repeatedly.
6. The present Special Leave Petition shall stand disposed of in the above terms along with pending application(s), if any.
