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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
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.
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.
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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