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
Rajya Sabha Passes J&K Reorganization Bill To Bifurcate Jammu And Kashmir Into Two Union Territories
The Rajya Sabha has passed the Jammu and Kashmir (Reorganization) Bill, 2019, which is set to bifurcate the state of Jammu and Kashmir into two Union territories – Jammu and Kashmir, which will have a legislature, and Ladakh, which will ...
NRIs and Taxation in India: Legal Tips for Compliance and Avoiding Disputes
Navigating the tax landscape in India can be challenging for Non-Resident Indians (NRIs). Understanding your tax obligations is crucial to avoid disputes and penalties. Here are some essential legal tips to help NRIs ensure compliance and protect their financial interests: ...
Permanent Establishment (PE) Risk for Foreign Companies in India – 2026 Compliance Alert
Introduction: Why PE Risk Is a Serious Compliance Issue in 2026 India continues to witness heightened scrutiny of foreign companies operating through subsidiaries, employees, consultants, and digital presence. With increased data sharing, GST intelligence, and income-tax investigations, Permanent Establishment (PE) ...
Judge Aspirants Get Relief; Supreme Court Sets Aside BPSC's Rejection Of Candidates For Not Producing Original Certificates
The Supreme Court on Friday (September 22) granted relief to three judicial service aspirants from Bihar whose candidatures were rejected by the Bihar Public Service Commission(BPSC) due to non-production of original certificates at the time of interview. Holding that production ...
Legal Challenges in Cryptocurrency and Blockchain: Exploring the Evolving Legal Landscape
The rise of cryptocurrencies and blockchain technology has revolutionized the financial world, but it has also brought about a series of complex legal challenges. As more businesses and individuals adopt digital currencies and decentralized systems, governments and regulatory bodies are ...
Motor Accident Claims | No Right To Recovery For Insurer Merely Because Vehicle Owner Didn't Verify Driver's License : Supreme Court
The Supreme Court on Monday (30th October) held that an insurance company cannot claim that it is not liable to pay compensation in a motor vehicle accident claim just because the vehicle owner did not verify the genuineness of the ...
Speak With Our
Get a Appointment