Grant Of Bail Can't Be Made Dependent On Surrender Of Co-Acc
Grant Of Bail Can't Be Made Dependent On Surrender Of Co-Accused : Supreme Court
|
A Division Bench of the Supreme Court, while allowing a bail plea, held that the grant of bail to a co-accused person cannot be contingent on the surrender of another accused who is also pertinently the main accused in the case.
“In our opinion, the question of grant of bail to a co-accused person cannot made dependent upon surrender of another accused who is described as the main accused person in this case.,” the Court held.
The Bench of Justices Aniruddha Bose and Bela M. Trivedi made these observations while deciding a bail of plea of an accused in a dowry death case. It is important to note that the appellant is the brother of the husband and also an accused. It may also be noted that the husband has been absconding and the trial had begun without he being arrested.
Prior to approaching the Supreme Court, the appellant approached the Patna High Court seeking his grant of bail. The High Court, in its impugned judgment , though directed for release of the petitioner on bail however, the same was linked to the condition of surrender by the husband of the deceased before the learned trial court. The relevant portion of the order is:
I deem it fit and proper to direct for release of the petitioner on bail, immediately upon surrender by the husband of the deceased victim lady before the learned trial court, subject to such conditions as may be deemed fit and proper to be imposed by the learned court of Judicial Magistrate-1st Class, Buxar in connection with Koran Sarai P.S.Case No. 18 of 2021."
The Top Court, while allowing the bail plea, observed that imposition and subsequent adhering to the condition of surrender of the husband of the deceased/ co-accused would not be necessary for grant of bail to the appellant.
Post Categories
Featured Posts
Latest Posts
Latest Posts
Anti-Money Laundering (AML) Compliance: Best Practices for Law Firms
In today's globalized economy, money laundering poses a significant threat to financial systems and institutions, including law firms. As facilitators of various financial transactions, law firms are often targeted by money launderers seeking to legitimize illicit funds. Anti-Money Laundering (AML) ...
ADR in Workplace Conflicts: A Guide for Employers and Employees
Workplace conflicts are inevitable. Whether stemming from miscommunication, differences in expectations, or interpersonal issues, they can disrupt the professional environment and affect productivity. For both employers and employees, finding a way to resolve these conflicts quickly, fairly, and cost-effectively is ...
SC removes barrier, allows deaf lawyer Sarah Sunny to argue in sign language; interpreter’s speed amazes CJI, SG
The Supreme Court in India has started allowing sign language interpretation for hearing impaired lawyers, demonstrating that not everything needs to be spoken aloud in court. In a recent case, a deaf advocate was permitted to virtually argue with the ...
Contract Law in the Digital Age: How E-Contracts Are Transforming Legal Agreements
In today's fast-paced, technology-driven world, traditional paper-based contracts are swiftly being replaced by electronic contracts, or e-contracts. This shift is transforming the way legal agreements are created, executed, and enforced. Here’s an in-depth look at how e-contracts are revolutionizing contract ...
CJI DY Chandrachud Cautions About Artificial Intelligence; Says It Can Make Biased Decisions Based On Societal Prejudices
Chief Justice of India D Y Chandrachudrecently spoke on how no technology is neutral and how it can reflect human values when deployed in the real world. The CJI spoke on how one must ponder the human and societal values ...
S.138 NI Act | Proceedings For Cheque Dishonour Need To Be Quashed Once Complainant Signs Deed Accepting Amount In Final Settlement : Supreme Court
In a Criminal Appeal arising out of proceedings under Section 138 of the Negotiable Instruments Act, 1881, the Supreme Court has ruled that once the settlement has been arrived at and the complainant has signed the deed, the proceedings under ...
Speak With Our
Get a Appointment