Petitioner sought bail in a homicide case, asserting parity with a co-accused granted bail. The court granted bail allowing regular bail with a personal bond and surety.
Petitioner allowed bail on furnishing a personal bond of Rs. 50,000 with one surety.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No.M-23889 of 2012 Date of Decision: 19.9.2012
Naresh @ Sonu
... Petitioner
vs.
State of Haryana
... Respondent
CORAM:HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present:Mr. Bijender Dhankar, Advocate for the petitioner. Mr. Sagar Deswal, AAG Haryana.
VIJENDER SINGH MALIK,J(ORAL)
Naresh @ Sonu, the petitioner seeks regular bail in a case registered by way of FIR No. 24 dated 26.1.2012 at Police Station City, Rewari, District Rewari, for an offence punishable under sections 302, 323, 325 and 506 IPC read with section 34 IPC.
Learned counsel for the petitioner submits that in the occurrence in which Mahipal had died, Mukesh is the main accused who had caused injury on his head with shorter arm of the cot. According to him, the petitioner and Manoj Kumar, who has been granted bail by this court vide orders dated 2.8.2012, had been alleged to be carrying stones in their hands and having thrown those stones towards the complainant party. According to him, no specific injury is attributed to the petitioner, caused either to the deceased or any other person. He further submits that since the role of the petitioner and Manoj Kumar in the occurrence is the same, the petitioner is entitled to bail on the ground of parity with Manoj.
Crl. Misc. No.M-23889 of 2012 =2=
Learned State counsel, on the other hand, admits that the role attributed to the petitioner and Manoj is the same and that Manoj has been granted regular bail in this case vide orders dated 2.8.2012 passed in Crl. Misc. No. M-15986 of 2012.
Keeping in view the fact that a similarly placed coaccused of the petitioner named Manoj Kumar has been granted bail by this court vide orders dated 2.8.2012, the petitioner is also entitled to the said relief on the ground of parity. Consequently, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of learned trial court.
September 19,2012 ( VIJENDER SINGH MALIK ) Jiten JUDGE
1 issue framed by the court
Whether the petitioner, who is similarly situated to a co-accused already granted bail, is entitled to bail on the ground of parity.
Naresh @ Sonu
State of Haryana
Vijender Singh Malik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
