Summary of Recent judgment

Case: Munshi Sah V. The State Of Bihar & ANR

Date of Order / Judgment: October 13, 2023

The Matter Heard by Bench: Justice Aniruddha Bose & Justice Bela M. Trivedi


The present case revolves the bail application of the accused in connection with the unnatural death of a woman; the proceedings for the case have been initiated under Section 304 B r/w Section 34 and 120B of the Indian Penal Code against the Husband and brother in law (the appellant) of the deceased woman. Charges have been framed and trial has commenced without the husband being arrested as he is absconding. The appellant had filed an application for bail before the Patna High Court, which was granted by the High Court after imposing a condition that he will be released on bail as soon his brother i.e. the husband of the deceased surrenders before the trial court. Aggrieved by the decision of the High Court the appellant approached the Supreme Court.


The Supreme Court after allowing the appeal opined that “the question of grant of bail to a co-accused person cannot be made dependent upon surrender of another accused who is described as the main accused person in this case. In such circumstances, we do not think imposition and subsequent adhering to the condition of surrender of the husband of the deceased would be necessary for grant of bail to the appellant.”


The Supreme Court allowed the appeal and modified the impugned orders and directed that the appellant may be released on bail in terms of the order of the High Court but the condition which requires prior surrender of the husband of the deceased should not be insisted upon for releasing the appellant on bail.