LI Network
Published on: November 02, 2023 at 00:15 IST
The Supreme Court, in a noteworthy ruling, has emphasized that the grant of bail to a co-accused should not be contingent on the surrender of another accused, especially the primary accused in a case.
This decision was made during the consideration of a bail plea in a dowry death case. The appellant in this case is the brother of the husband and also an accused, while the husband was absconding, and the trial had started without his arrest.
Initially, the appellant had sought bail from the Patna High Court, which granted bail but with the condition that the deceased victim’s husband must surrender before the trial court. However, the Supreme Court has disagreed with this condition, highlighting that the husband’s surrender is not a prerequisite for granting bail to the appellant.
This ruling by the Supreme Court sets a significant precedent, underlining that bail should be granted based on the individual circumstances of the co-accused, and it should not be dependent on the actions of another accused in the case. This decision reiterates the principle that each case should be considered on its own merits, and the grant of bail should not be influenced by the actions of unrelated co-accused.
This ruling is expected to have a substantial impact on how bail is granted and underscores the importance of upholding the principle of individual justice in the legal system.
Case Title: MUNSHI SAH v. THE STATE OF BIHAR & ANR., CRIMINAL APPEAL Nos. 3198-3199 OF 2023