Interim bail extended till November 25, 2026, with conditions intact; petitioner to surrender before jurisdictional magistrate by November 27
In a significant order dated October 20, 2026, the Calcutta High Court, presided over by Justice Partha Pratim Roy, granted an extension of interim bail to Milan Pradhan, the petitioner in a high-profile case linked to multiple serious charges including murder and arms offences. The case originates from Nandigram PS Case No.9 of 2007, involving allegations under Sections 147, 148, 149, 323, 325, 326, 307, 379, 384, 436, and 302 of the Indian Penal Code, along with Sections 25 and 27 of the Arms Act, 1959.
Initially, interim bail was granted to Milan Pradhan on September 29, 2026, by a Co-ordinate Bench of the Calcutta High Court for a period of three weeks, valid until October 20, 2026. This relief was subject to furnishing a bond of Rs. 20,000 with two sureties of Rs. 10,000 each, one of whom had to be local, alongside various conditions set by the court. The petitioner was directed to surrender before the learned Additional Chief Judicial Magistrate, Haldia, Purba Medinipur, on October 21, 2026.
Following the grant of interim bail, the State challenged the order before the Supreme Court by filing a Special Leave Petition (SLP). However, the Supreme Court, in its order dated October 7, 2026, declined to stay the High Court order and instead granted liberty to the petitioner to seek an extension of the interim bail or apply for regular bail before the Calcutta High Court.
Acting pursuant to this directive, the petitioner filed an application for extension of the interim bail. Upon hearing the submissions and considering the Supreme Court's liberty, the Calcutta High Court extended the interim bail till November 25, 2026. The same terms and conditions imposed earlier remain applicable. Additionally, the petitioner is directed to surrender before the learned Additional Chief Judicial Magistrate, Haldia on November 27, 2026.
The court noted that the learned advocate appearing for the petitioner had served intimation of the application on the advocate for the State, ensuring procedural fairness. The extension reflects a balance between safeguarding the rights of the accused and the interests of justice, especially considering the gravity of the offences involved.
This development underscores the judiciary's adherence to procedural safeguards in criminal cases and the role of interim reliefs like bail, even in complex and serious criminal matters. It also highlights the interplay between the High Court and Supreme Court in handling appeals and bail applications under the evolving framework of Indian criminal jurisprudence, including provisions from the newly enacted Bharatiya Nagarik Suraksha Sanhita, 2023.
Bottom Line:
Interim bail - Extension of interim bail - Where interim bail had earlier been granted by High Court and Supreme Court granted liberty to seek extension or regular bail before High Court, interim bail can be extended for a further period on same conditions, with direction to surrender before jurisdictional Court.
Statutory provision(s):
Section 439 of the Criminal Procedure Code, 1973; Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023; Indian Penal Code Sections 147, 148, 149, 323, 325, 326, 307, 379, 384, 436, 302; Arms Act Sections 25, 27
