New Delhi, Apr 24 (PTI) The Supreme Court on Thursday said a prolonged incarceration without trial cannot be allowed to result in a sentence and granted bail to an accused arrested in a drugs case in UP.

A bench of Justices B R Gavai and Augustine George Masih observed the petitioner was incarcerated for over 5.2 years and the trial in the case, registered in 2019, was yet to begin.

The state counsel opposed the plea saying the co-accused, who was released on bail, was not attending court.

“This court, in a catena of cases, has held that a prolonged incarceration without commencement of trial, cannot be permitted to result in a sentence without trial,” the bench said.

The top court was hearing the accused’s plea against an order of the Allahabad High Court passed in March last year rejecting his bail application.

On the argument that the co-accused in the case was not appearing in court, the bench said the state was always at liberty to take steps for cancellation of the bail.

“However, the petitioner cannot be penalised solely on the ground that the co-accused is not attending the court,” it added.

The bench directed the petitioner to be released on bail in the case registered at Greater Noida on conditions as imposed by the trial court.

The accused was arrested in January 2019 in connection with the case under the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

In the high court, the accused claimed of not being arrested at the sport from where the alleged quantity of the contraband — 150 kilogram weed — was purportedly recovered.

His counsel argued in the high court that all the co-accused persons were enlarged on bail and, therefore, he too deserved bail on the ground of parity. PTI ABA ABA AMK AMK