In a bail decision, the Supreme Court Division Bench emphasized that bail for one co-accused should not depend on the surrender of the primary accused.
We believe that granting bail to a co-accused cannot be conditional on the surrender of another person labeled as the primary accused in this case.
These observations were made by Justices Aniruddha Bose and Bela M. Trivedi when ruling on a bail plea in a dowry death case. The appellant, who is the brother of the husband and also an accused, sought bail. Notably, the husband was absconding, and the trial had commenced without his arrest.
Before going to the Supreme Court, the appellant initially sought bail from the Patna High Court. The High Court, in its contested judgment, ordered the petitioner's release on bail but tied this decision to the requirement that the deceased's husband surrender before the trial court.
I consider it appropriate to order the petitioner's release on bail, but only when the deceased victim's husband surrenders before the learned trial court. This release will be subject to conditions determined by the Judicial Magistrate-1st Class, Buxar, in connection with Case No. 18 of 2021 at Koran Sarai Police Station.
The Supreme Court, when granting 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.
Considering this, the Court, in modifying the bail order, instructed the release of the appellant and explicitly stated that the husband's prior surrender would not be required.
TAGS: Top Court Bail plea Surrender condition Appellant Husband of deceased Bail order modification.