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
"Why Are You Being So Patriarchal?" : Supreme Court Asks Centre Over Denial Of Permanent Commission To Woman Coast Guard Officer
The Supreme Court on Monday (February 19) pulled up the Central Government over the denial of Permanent Commission for women officers in the Indian Coast Guard (ICG). The bench led by Chief Justice of India DY Chandrachud, hearing a plea of ...
Children Born Out Of Irregular Marriage Legitimate Muslim Law – Supreme Court
The Rajya Sabha has passed the JThe Supreme Court has noted that children born out of irregular marriages, including one between a Muslim man and a Hindu woman, are legitimate and therefore eligible to inherit intestate property as per applicable ...
Legal Challenges in NRI Marriages
Introduction Non-Resident Indian (NRI) marriages, while often joyous, can also bring a unique set of legal challenges. These challenges stem from cross-border legal systems, differing cultural expectations, and complex family dynamics. Understanding these issues is crucial for NRIs and their ...
UAPA| Terrorism Cases Not To Be Taken Lightly: Supreme Court Sets Aside Default Bail
In a case pertaining to grant of default bail to a person accused under the Unlawful Activities (Prevention) Act, 1967 (“UAPA”), the Supreme Court yesterday allowed an appeal filed by the Delhi police, observing that the High Court fell in ...
Supreme Court To Form Panel Of Experts To Evaluate “Carrying Capacity” Of Hilly Areas
In order to determine the “carrying capacity” of overcrowded hill stations in Uttarakhand, Himachal, and other Himalayan states affected by landslides, the Supreme Court on Monday decided to form a panel of experts on environment and climate studies from government institutions. A ...
Adolescent Privacy Rights: A Critical Issue in India’s Evolving Digital Landscape
The rapid advancement of technology has transformed the lives of adolescents in India, providing unprecedented access to information, social connectivity, and learning tools. However, this digital revolution has also created a complex challenge—safeguarding the privacy of adolescents who are increasingly ...
Speak With Our
Get a Appointment