2023 (1) TMI 1358 - HC - Indian Laws

Rejection of bail - alleged commission of offences under Section 20(b)(ii)(C) of NDPS Act - HELD THAT - Taking into account that the 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. It is stated that the petitioner is in custody since 16.06.2020 and considering that his father undergone surgery, as stated, learned Court in seisin is called upon to expedite the trial in respect of the present accused, who is in custody without waiting for the other coaccused, who has failed to surrender. Application disposed off.

Summary

Issues:
Bail application rejection under Section 439 Cr.P.C.

Analysis:
The judgment pertains to a bail application filed by the petitioner, who is an accused in a case under Section 20(b)(ii)(C) of the NDPS Act. The petitioner's bail application was rejected by the Additional Sessions Judge-cum-Special Judge, Koraput. The High Court noted that the co-accused, who had been granted bail earlier, had not surrendered, leading the court to decline the bail application of the petitioner. The petitioner had been in custody since June 16, 2020, and it was brought to the court's attention that the petitioner's father had undergone surgery. The High Court directed the trial court to expedite the trial of the present accused, emphasizing the need to proceed without waiting for the co-accused who had not surrendered. Consequently, the bail application was disposed of, and an interlocutory application was also disposed of in light of the bail application's disposal.