Judgment Intelligence
Bail GrantedVikash Kumar @ Vikas Kumar v. Union of India
Special Leave Petition (Criminal) No. 13985 of 2026
- Court
- Supreme Court of India
- Date of Decision
- 9 October 2026
- Bench
- Justice Satish Chandra Sharma and Justice Nongmeikapam Kotiswar Singh
- Relevant Acts & Sections
- Narcotic Drugs and Psychotropic Substances Act, 1985 (prosecution by the Narcotics Control Bureau)
Final Outcome
Special leave petition disposed of: sentence suspended and the petitioner directed to be released on bail during the pendency of his appeal, on terms set by the Trial Court (paras 6-8).
Key holdings
- Parity applies to suspension of sentence pending appeal (paras 5-6).
- Bail to the co-accused from whose possession the contraband was recovered weighed heavily (para 5).
- The prosecution's failure to seek cancellation of the co-accused's bail was relevant (para 5).
- Bail conditions were left to the Trial Court (para 7).
Brief Facts
NCB officers intercepted a goods carrier allegedly being escorted by a motorcycle; the occupants of both were apprehended and 697 kg of ganja was allegedly recovered from the goods carrier (para 2). The petitioner, alleged to have been escorting it on the motorcycle, has an appeal pending before the Jharkhand High Court (Cr. Appeal (DB) No. 981 of 2023). On 26.02.2026 the High Court rejected his prayer for suspension of sentence (para 1). He pointed out that the co-accused in the goods carrier and his pillion rider had been granted bail (para 3).
Court's Findings
The Union of India did not dispute these facts (para 4). The Court held that the petitioner was entitled to the benefit of parity, particularly as the co-accused from whose possession the contraband was recovered, and the co-accused who was with him on the motorcycle, had been granted bail; it was also relevant that the prosecution had not sought cancellation of their bail (para 5). The prayer for suspension of sentence was therefore allowed, and he was directed to be released on bail during the pendency of his appeal, on terms to be fixed by the Trial Court (paras 6-7).
Legal Principle
Where co-accused from whose possession the contraband was recovered, and a co-accused travelling with the appellant, have been granted bail and the prosecution has not sought its cancellation, the appellant is entitled to parity in his prayer for suspension of sentence pending appeal (para 5).
