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.
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