The Apex Court in recent tenure it has seen that application for Bail cannot be declined on the basis that the alleged individuals has not surrendered . It was given when judiciary was holding hearing on a bail application filed by a alleged individual for commotion of crime as per Narcotics Drugs and Psychotropic Substances Amendment, 1985.
The High court declined the request for bail only on the basis that the individual who was on parole has not returned to prison.
The Team of judges also observed the fact which stated that individual was in jail for a time tenure of almost 3 years and directed the high court to review its decision on the present case, while considering the fact that individual have been charged with crimes and 19 trial are produced for examination.
Case : Sebil Elanjimpally vs The State of Odisha
Name :- Shivraj Kadlimatti , Class :- 2nd year B.B.A.L.L.B , College:- Army Law college pune intern under legal vidhiya
