A bail petition under Section 439 CrPC was allowed based on parity with similarly situated co-accused who were already granted bail by a coordinate bench, without expressing an opinion on the merits.
Petitioner admitted to bail subject to satisfaction of the Trial Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail No. 10307/2018
Asif Ahmed Son Of Saeed Ahmed, R/o Govind Nagar, Kota, P.s. Udyog Nagar, Kota, Rajasthan (Presently Confined At Central Jail Of Kota)
----Petitioner
Versus
State Of Rajasthan Through Pp, Rajasthan
----Respondent
For Petitioner(s) : Mr. Shahanwaz Khan Adv. For Respondent(s) : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
10/09/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 104/2018 registered at Police Station Gumanpura, Kota District Kota for offence under Sections 392, 395 and 120-B of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that, although, it is the case of the complainant that he had been given beatings by the accused, but there is no injury report of the complainant on record. Petitioner is in custody since 23.02.2018. Similarly situated co-accused Narendra Singh @ Tanwar and Mithlesh Singh @ Pintu Bana have been granted bail by Coordinate Bench of this court. Petitioner is not involved in any other criminal case.
(2 of 2) [CRLMB-10307/2018]
Learned State counsel has opposed the petition but has failed to controvert the factual aspect of the submissions made by the learned counsel for the petitioner.
Since, co-accused have been granted bail by Co-ordinate Bench of this court, on the ground of parity and without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of
the Trial Court.
(SABINA),J
S.Kumawat-3
1 issue framed by the court
Whether the petitioner is entitled to regular bail on grounds of parity with co-accused.
1 provisions across 1 enactments
Asif Ahmed
State Of Rajasthan Through Pp, Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
