Abscondence of co-accused cannot be a ground for rejecting bail application of an accused

In the present case it was alleged that the accused obtained a huge sum from complainant for investment in the Company but instead cheated informant. Allegations in FIR make out serious offences against applicants and are already arrested and are in magisterial custody. It has been held by Court that one of accused is absconding cannot be ground for rejection of applicants' bail application. Case against the absconding accused would have to be decided independently. Accused cannot be denied bail just because one of the accused could not be arrested by the investigating agency.

Appearing Counsel/s : Mr.Aabad Ponda, Hormuz Mehta, Jash Shah, Ms.A. A. Takalkar, Ms.Aarti Bhonsle and Arti Gaikwad

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