Mumbai Special NDPS Court grants temporary release to an accused jailed for over seven years due to inability to furnish bail surety | Representational Image
Mumbai, Dec 26: The Special NDPS Court, Mumbai, in a rare case, has allowed a man to walk free on bail after he remained incarcerated despite being granted bail seven years ago.
The court, taking into consideration that the man was unable to secure his release only because he was not monetarily strong enough to furnish bail, allowed him to be released on a personal bond.
The release was a temporary release on a personal bond of a 22-year-old accused who has spent more than seven years in judicial custody solely because of his inability to furnish bail surety, despite bail having been granted to him on merits as far back as 2019.
Accused Arrested With Small Quantity of Drug
Special Judge V. M. Sundale allowed the application filed by Lalit Savan Badai, an accused who was arrested in 2019 for allegedly possessing 15 grams of mephedrone, leading to charges under Sections 8(c), 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Court Notes Prolonged Custody Despite Bail
The court noted that although Badai was granted bail on May 2, 2019, he remained behind bars as he could not arrange a solvent surety or pay the cash bail amount due to his poor financial condition.
Legal Aid Intervention Brings Relief
Considering his inability to secure his release, advocate Shriram Chindarkar from the NGO Dard Se Humdard Tak, which provides legal assistance to prisoners, helped him approach the court and seek his release. Even after the court reduced the cash bail amount to ₹20,000 in July 2025, he was unable to deposit it, resulting in his continued incarceration for over seven years.
Trial Delay Not Attributable to Accused
In its order dated December 23, 2025, the court observed that the prosecution had failed to effectively proceed with the trial despite repeated opportunities, and that the delay could not be attributed to the accused.
The judge held that continued detention of the applicant merely due to financial incapacity would be unjust, disproportionate and contrary to the principles of personal liberty.
Temporary Release on Personal Bond
While granting limited relief, the court directed that Badai be released on a personal bond of ₹50,000 for a period of eight weeks. Within this time, he must comply with the original bail conditions and furnish a solvent surety as ordered earlier.
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Strict Conditions Imposed
The court also imposed conditions requiring him to submit verified identity and residence documents, and warned that failure to furnish surety within the stipulated period would result in automatic cancellation of the bond and his re-arrest.
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