Brief Facts
- The appellant has been charged for alleged commission of offences under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
- The appeal was preferred before the Apex court against the impugned order dismissing the bail application of the applicant primarily on the ground that the co-accused who was earlier released on bail has not surrendered.
Issues
- Whether an accused can be denied bail on the sole ground that the co-accused who was released on bail has not surrendered?
Held
- The Apex Court remanded the bail application to the High Court asking the High court to reconsider the bail application in view of the fact that the charges have been framed and 19 Prosecution witnesses are proposed to be examined.
- Further, held that the fact that the co-accused who was released on bail has not surrendered cannot be a germane factor to decline bail to the co-accused, namely, the appellant.
Relevant Page No.
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