Athar Pervez v. State
Case brief
What is this about?
The High Court of Delhi resolved a specific reference concerning whether the stringent conditions under Section 37 of the NDPS Act bar the grant of interim bail. The Court held that while regular bail is strictly restricted, interim bail can be granted sparingly in exceptional circumstances where itentertolerable grief or suffering.
What did the court decide?
The reference was disposed of. The Court laid down four parameters: (1) Interim bail is for exceptional cases causing intolerable suffering; (2) Courts must consider Section 37/32A but grant bail if c
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.REF.1/2015
Reserved on : 3rd November, 2015 Judgment dated: 26th February, 2016
ATHAR PERVEZ ..... Appellant Through: Mr.A.J. Bhambhani, Sr. Advocate (Amicus Curiae) with Ms.Lakshita Sethi, Adv.
versus STATE ..... Respondent Through: Mr.Rahul Mehra, Standing Counsel (Criminal) along with Mr.Sanyog Bahadur & Mr.Shekhar Budakoti, Advocates for GNCTD. Mr.Rajesh Manchanda and Mr.Rajat Manchanda, Advocates for respondent - WCB
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.K. GAUBA
SANJIV KHANNA, J.
- This order would dispose of the criminal reference made by the Single Judge in Bail Application No.983/2015, titled Athar Parvez vs. State NCT of Delhi . The aforesaid order records and makes reference to two earlier decisions of the Single Judge of this Court in Pushpa Rani vs. Narcotic Control Bureau , 122 (2005) DLT 68, and Atik Ansari vs. State (NCT of Delhi) , 131 (2006) DLT 463, and notices perceptive
Issues for consideration
3 issues framed by the court
Whether the conditions for grant of bail under Section 37 of the NDPS Act apply only to regular bail or also to interim bail.
Whether incidental powers of the Court under Article 21 to grant interim bail are available for accused/convict under NDPS Act.
The scope and parameters for granting interim bail when regular bail cannot be granted under NDPS Act restrictions.
Parties & counsel
- appellant
ATHAR PERVEZ
- respondent
STATE
Coram
SANJIV KHANNA
Case details
As recorded by the court registry
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