The Supreme Court in the case Munshi Sah v. The State Of Bihar And Anr observed and has 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.
The court in the case observed that 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 the said case.
The Division bench comprising of Justice Aniruddha Bose and Justice Bela M. Trivedi in the case observed wherein the bench was hearing the bail plea moved by the accused in a dowry death case.
The court stated that it being important to note that the appellant is the brother of the husband and also an accused. It has also been noted by the court that the husband has been absconding and the trial had begun without he being arrested.
The appellant in the case observed and has approached the Patna High Court wherein seeking his grant of bail. The High Court in the case observed and has 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 court in its order stated that this court deems 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, which being subject to such conditions as it may be deemed fit and proper to be imposed by the learned court of Judicial Magistrate.
The Supreme Court in the case observed that the imposition and subsequent adhering to the condition of surrender of the husband of the deceased or co-accused would not be necessary for grant of bail to the appellant.
The court while considering the facts and circumstances of the case modified the bail order and directed for the release of the appellant and made it clear that the prerequisite of prior surrender by the husband will not be insisted.
Accordingly, the court allowed the bail plea.