Section 88 CrPC does not confer automatic bond release on a trial-added accused; ordinary bail procedure still applies.

An accused added during trial under Section 319 CrPC stands on the same footing as any other accused for purposes of arrest, judicial custody and bail. Section 88 CrPC is not a substitute for the bail regime in Chapter XXXIII and does not create an automatic right to release on personal bonds or bonds with sureties merely because the person was not charge-sheeted by police. The added accused must therefore be dealt with under the ordinary bail procedure, and cannot invoke Section 88 to avoid judicial custody as of right.

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Issues: Whether a person added as an accused under Section 319 of the Code of Criminal Procedure, 1973 can release on personal bonds under Section 88 of the Code on appearance, instead of being remanded to judicial custody and required to seek bail under the ordinary bail provisions.

Analysis: The Court held that an accused added during trial under Section 319 stands on the same footing as any other accused. The provisions governing arrest, judicial custody and bail apply equally to such a person. Section 88 of the Code is not a substitute for the bail provisions in Chapter XXXIII, nor does it confer an automatic right to release on bonds with or without sureties merely because the accused was added by the Court and not charge-sheeted by the police. The earlier decisions cited were held to be inapplicable on their facts and did not lay down a contrary rule.

Conclusion: Section 88 of the Code could not be invoked to avoid judicial custody or to secure release on bonds as of right; the added accused had to be dealt with under the ordinary bail procedure.

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