Supreme Court Regulates That The Bail Cannot be Dependent on Surrender of the Co-Accused
On a matter regarding a bail decision, the division bench of the Supreme Court highlights that the bail for an accused should not be dependent on the surrender of the main accused.
The Court held “ We consider that granting the bail to a co-accused cannot be made on the surrender of the other, which is the main accused in the case.” The Bench, composed of Justices Aniruddha Bose and Bela M.Trivedi, made the observation while deciding a bail plea for a Death Dowry Case.
The appellant is the Deceased’s Husband’s Brother and also the accused. Notably the husband is Decamped and the trial began without his arrest. Ahead of approaching the Supreme Court, the appellant initially sought bail from the Patna High Court. The High Court in its judgement, ordered the petitioner’s release on bail but tied the decision on the condition that the deceased’s husband has to surrender before the Trial Court.
“I consider it fit and proper to order the release of the petitioner on bail, only after the surrender by the victim’s husband before the Trial Court.” The release will be subjected to conditions determined by the Judicial Magistrate-1st Class, Buxar, in connection with Koran Sarai P.S. Case No. 18 of 2021.
The Court while allowing the bail plea stated that there is no need to impose and follow the condition of the deceased’s husband surrendering for the appellant to be granted bail.
