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SUDHANSHU DHULIA, K. VINOD CHANDRAN
Asim Mallik – Appellant
Versus
State of Odisha – Respondent
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
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.
Prolonged incarceration with no prospect of the trial coming to an end makes a case for the grant of bail. Granting bail only for a limited duration is illegal and violates the right to liberty under....
The need for expeditious disposal of bail applications and disapproval of the practice of dismissing interim relief.
The importance of timely compliance with court orders and the need for corrective mechanisms to address non-compliance cases.
The granting of bail under the NDPS Act must strictly adhere to statutory requirements; mere absence of contraband possession does not negate the necessity for robust scrutiny of evidence against the....
Prolonged custody without trial, combined with completed investigation, can justify granting bail under Article 21, even with serious charges under the NDPS Act.
Prolonged custody and delayed trial violate the constitutional right to a speedy trial, allowing for a second bail application under the NDPS Act.
Bail applicants charged under the NDPS Act are excluded from interim bail benefits under HPC guidelines, maintaining equality among prisoners despite humanitarian grounds.
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