ABDUL HABIB KHAN Vs. EMPEROR

JUDGEMENT

(1.) THIS is an application for bail during the pendency of an appeal in the Court of the Sessions Judge of Farrukhabad. The case is one of cocaine smuggling and the application for bail was rejected by the learned Judge merely on the ground that cocaine smuggling was a very serious offence. The offence however is a bailable one and the learned Judge ought to have considered why bail should be refused in a bailable case. I would have granted bail but it is not clear from the grounds of petition here when the appeal is likely to be heard. If the appeal is to be heard in a day or two it would not be worth while letting the applicant out on bail. A copy of this order shall immediately be sent by the office to the Court concerned. If the appeal is speedily heard, i.e., within a week of the receipt of this order no further action need be taken. Otherwise the learned Judge is requested to reconsider the application for bail on behalf of both the petitioners. However serious an offence may be, if it is bailable and there is no reason, such as the likelihood of the applicant absconding if released on bail, the seriousness of the offence would not alone justify a Court in refusing bail to which a convicted person is entitled under the law.