SC Grants Bail to Co-Accused Without Requiring Main Accused's Surrender in IPC Sections 304-B/34 and 120-B Case. The SC modified the HC's order, granting bail to the appellant, a co-accused in a case under IPC Sections 304-B/34 and 120-B, without requiring the ...
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SC Grants Bail to Co-Accused Without Requiring Main Accused's Surrender in IPC Sections 304-B/34 and 120-B Case.
The SC modified the HC's order, granting bail to the appellant, a co-accused in a case under IPC Sections 304-B/34 and 120-B, without requiring the surrender of the main accused, the husband. The SC clarified that bail for a co-accused should not be contingent upon another's surrender, allowing the appellant's release. Pending applications were disposed of accordingly.
Issues involved: The issues involved in this case are related to the grant of bail to a co-accused person in a case involving unnatural death of a lady under Sections 304-B/34 and 120-B of the Indian Penal Code, where the husband is described as the main accused and the appellant is the brother of the husband.
Judgment Summary:
Grant of Bail without Husband's Surrender: The Supreme Court addressed the issue of bail for the appellant, who is a co-accused in a case of unnatural death of a lady. The High Court had granted bail with a condition that the husband of the deceased, described as the main accused, must surrender first. The Supreme Court held that the grant of bail to a co-accused cannot be made dependent on the surrender of another accused. Therefore, the Court modified the order and directed the release of the appellant on bail without insisting on the condition of the husband's surrender.
Conclusion: The Supreme Court allowed the appeals and directed the release of the appellant on bail without the condition of the husband's surrender. The Court clarified that the imposition and adherence to such a condition were not necessary for granting bail to the appellant. Pending applications were also disposed of in light of this decision.
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