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2023 (10) TMI 1372 - SC ORDERSeeking grant of bail - Unnatural death of a lady - proceeding has been started under Sections 304-B/34 and 120-B of the Indian Penal Code - Charges have been framed and trial has been commenced without the husband being arrested and it is submitted on behalf of the State that he is absconding - HELD 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 this case. The imposition and subsequent adhering to the condition of surrender of the husband of the deceased would not be necessary for grant of bail to the appellant - the impugned order modified and it is directed that the appellant may be released on bail in terms of the order(s) of the High Court but the condition which requires prior surrender of husband of the deceased should not be insisted upon for enlarging the appellant on bail. Appeal allowed.
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