27 October 2020

Bail can not be denied to chargesheeted accused on the ground of abscondence of other accused

It is pertinent to note that the other ground raised by the prosecution is that the co­accused, who is relative of the present applicant, is absconding and, therefore, present petitioner may not be enlarged on bail.
Bail can not be denied to chargesheeted accused on the ground of abscondence of other accused
Now, it is well settled principle of criminal jurisprudence that even for securing presence or for getting whereabouts of the co­accused, no police custody remand could be granted. The same principle will apply in the case where bail is sought by the accused and the charge sheet is already filed against him/her. If there is laxity or inability of the prosecution to arrest the co­accused, on that ground the other accused against whom investigation is over and charge sheet is filed cannot be denied the right of getting bail in a given case.[Para No.7]

Gujarat High Court

Shweta Hamir Jadeja
Vs.
State Of Gujarat

Decided on 26/10/2020

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