High CourtDivision BenchAppeal allowed; bail reconsideration directed.

SEBIL ELANJIMPALLY v. THE STATE OF ODISHA

Case / Petition Number:Criminal Appeal No. 1578 of 2023
Neutral Citation:[2023] 6 S.C.R. 563

Case Details & Bench

Court
High Court
Hon'ble Judges
  • K. M. Joseph
  • Aravind Kumar
Judgment Date
2023-05-18
Court Decision / Holding
Appeal allowed. The impugned order is set aside. The High Court will take up BLAPL No. 6803/2022 and pass orders on the same in view of the fact that it is a case where the charges have been framed and 19 prosecution witnesses are proposed to be examined by the State. The High Court is requested to dispose of the matter at the earliest, preferably within two months from the date of production of the copy of this order.
Final Disposition
Appeal allowed; bail reconsideration directed.

Parties to the Case

Appellants / Petitioners

  • Sebil Elanjimpally

Respondents

  • The State of Odisha

Legal Representation & Advocates

Counsels for Petitioners

  • • Hitendra Nath Rath
  • • Dr. J. Prasangi
  • • R. Sreeramulu
  • • Rajiv Kapoor
  • • Vikas Sinha

Counsels for Respondents

  • • Ms. Samapika Biswal

Case Synopsis & Summary

This Supreme Court bail appeal concerns Sebil Elanjimpally, who has been in custody for nearly three years while charged under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The High Court of Orissa at Cuttack denied bail in BLAPL No. 6803/2022 on 20 January 2023, after charges were framed and 19 prosecution witnesses were proposed for examination. The impugned order relied on the reasoning that the co-accused, who had been released on bail, did not surrender, and that this non-surrender weighed against granting bail to the appellant. The appellant contended that this consideration is not germane to the bail decision and that the denial of bail on this basis would undermine the presumption of innocence, especially given the length of custody and the personal circumstances of his family. He urged expeditious disposal of the case, noting that the High Court would have to decide BLAPL No. 6803/2022 where the charges are framed and the State plans to examine many witnesses. The State, defending the denial, emphasised the gravity of the NDPS offence and the risk of flight. The Supreme Court, after hearing both sides, held that the non-surrender of a co-accused cannot be a valid reason to deny bail to this appellant. The appeal is allowed, and the High Court is directed to reconsider the bail application with urgency, preferably within two months of production of the order copy.

Provisions of Law Cited

Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant submitted that the denial of bail cannot be anchored on the non-surrender of a co-accused who has already been released on bail. He argued that the factor of non-surrender is not germane to the issue of bail and that denying bail on this ground violates the principles of fairness and the presumption of innocence. Given two years and 11 months in custody, with the charges framed and 19 prosecution witnesses to be examined, the appellant urged expeditious disposal. He highlighted personal circumstances, including his father’s medical condition, and pressed for a timely decision by the High Court, stressing the need to avoid prolonged incarceration where possible. He requested that the High Court reconsider BLAPL No. 6803/2022 and grant bail if the usual statutory conditions are satisfied. The appellant also contended that bail ought to be decided on the gravity of the offence and risk of flight, not on unrelated compliance by co-accused, urging the Court to rectify an erroneous reliance on that factor.

Contentions of Respondents

The State argued that denial of bail is warranted given the serious NDPS offence and the potential risk of flight, especially when one co-accused released on bail has not surrendered. The State stressed the prolonged custody of the appellant (nearly three years), the framing of charges, and the number of witnesses to be examined, which collectively justify continued restrictions on bail. It contended that the circumstances of the co-accused and their surrender status should inform, but not dominate, the bail decision, and that the High Court’s earlier order reflected proper caution in the context of the ongoing investigation. The State urged that bail should be refused to ensure fairness to the investigation, prevent interference with witnesses, and uphold public interest given the NDPS offence’s gravity.

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Extracted Judgment Text

Exact text extracted from official judgment records.

563 [2023] 6 S.C.R. 563 SEBIL ELANJIMPALLY A v. THE STATE OF ODISHA (Criminal Appeal No. 1578 of 2023) MAY 18, 2023 B ## **[K. M. JOSEPH AND ARAVIND KUMAR, JJ.]** _Bail – Denial of – When not proper – Appellant charged for commission of offences u/s. 20(b)(ii)(C), NDPS Act had been in custody for two years and 11 months – Bail denied – On appeal,_ C _held: The fact that the co-accused who was released on bail did not surrender cannot be a germane factor to decline bail – Impugned order set aside – Matter to be reconsidered by the High Court – Narcotic Drugs and Psychotropic Substances Act, 1985 – s.20(b)(ii)(C)._ CRIMINAL APPELLATE JURISDICTION : Criminal Appeal D No.1578 of 2023. From the Judgment and Order dated 20.01.2023 of the High Court of Orissa at Cuttack in BLAPL No.6803 of 2022. Hitendra Nath Rath, Dr. J. Prasangi, R. Sreeramulu, Rajiv Kapoor, Vikas Sinha, Advs. for the Appellant. E Ms. Samapika Biswal, Adv. for the Respondent. The following Judgment of the Court was delivered : ## **JUDGEMENT** 1. Leave granted. F 2. The impugned order is one by which the application for bail filed by the appellant has been rejected. 3. The appellant has been charged for alleged commission of offences under Section 20(b)(ii)(C) of the Narcotic Drugs and G Psychotropic Substances Act, 1985. The appellant has been in custody for two years and 11 months. The impugned order is the order passed in the second bail application. The earlier bail application came to be rejected on 07.07.2022. It is, in fact, pointed out by the learned counsel for the State that another attempt at securing bail from the High Court has failed. H 563 564 SUPREME COURT REPORTS [2023] 6 S.C.R. A 4. As far as the impugned order goes, we notice that the following is the reasoning: “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.” B 5. Thereafter the Court proceeded to note the case of the appellant that his father has undergone surgery and the Court proceeded to direct expeditious disposal of the case. 6. We have heard the learned counsel for the appellant and also the learned counsel for the State as noted. C 7. The impugned order shows that what has weighed with the Court is the fact that the co-accused who was released on bail has not surrendered. It is this factor alone which we can discern to be the reason to not entertain the bail application. D 8. After hearing learned counsel for the parties, we are of the view 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. 9. In such circumstances, we are of the view that the matter must have reconsideration again at the hands of the High Court. The appeal is E allowed. The impugned order is set aside. The High Court will take up BLAPL No. 6803/2022 and pass orders on the same in view of the fact that it is a case where the charges have been framed and 19 prosecution witnesses are proposed to be examined by the State. 10. We request the High Court to take up the application and F dispose of the same at the earliest and if possible, preferably within a period of two months from the date of production of the copy of the order. Divya Pandey G (Assisted by : Roopanshi Virang, LCRA) Appeal allowed. H