Keywords: bail, CONTIGENT, co-accused, Section 304- B Section-120 B IPC 1860
In a recent ruling, the Supreme Court held that the release of one accused person—especially the principal accused—cannot be conditioned on the surrender of another accused person. The case concerned a husband’s brother who was charged in a dowry death case.
Notably, The spouse who is accused in a dowry death case is related to the appellant.The co-accused appellant has entered a bail request with the SC.The current appeals stem from an unnatural death case involving a woman, for which Sections 304-B and 120-B of the Indian Penal Code, 1860 (IPC) have been used to initiate legal proceedings.The husband has been evading arrest, and the trial started without his being taken into custody. The SC accepted the bail request.
The issue of whether to grant bail to a co-accused individual cannot be made contingent on the surrender of another accused party who is identified as the primary accused in this case, as per the Bench of Justices Aniruddha Bose and Bela M. Trivedi.
The Court further stated that the appellant would not be granted bail if the husband of the deceased or co-accused was not required to be imposed upon and then to comply with the condition of surrender.
Anushka Shukla, Faculty of Law, University Of Lucknow, Intern at Legal Vidhiya
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