Single judge allowed bail to the petitioner in his criminal appeal under Section 439 CrPC by invoking parity with similarly situated co-accords granted bail by a coordinate bench without expressing opinion on merits.
Petitioner admitted to bail subject to satisfaction of the Trial Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL MISCELLANEOUS BAIL NO. 11742/2018
Jitendra Godara @ Jeetu S/o Shri Raghuveer Singh B/c Jat, Aged About 22 Years, R/o Bajwas Pilwa Nagaur Presently Residing At Nagaura Bhawan Ganesh Gawadi Panchsheel Nagar Christen Ganj Ajmer (Presently Confined At Central Jail Ajmer)
----Petitioner
Versus
State of Rajasthan Through PP
----Respondent __________________________________________ For Petitioner : Mr. Peush Nag For Respondent : Mr. Ram Ratan Gurjar, P.P.
HON'BLE MRS. JUSTICE SABINA
Order
24/09/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.105/2018 registered at Police Station Civil Lines, Ajmer for offence under Sections 419, 420, 465, 466, 467, 468, 471, 473, 477, 379, 201 Indian Penal Code, 1860 read with Section 43, 66 & 66(D) of The Information Technology (Amended) Act, 2008.
Learned counsel for the petitioner has submitted that similarly situated co-accused have been granted bail by Coordinate Bench of this court. Petitioner is in custody since 15.03.2018. Challan has already been presented in the court and conclusion of trial may take time.
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Learned State Counsel, has opposed the petition.
Since, co-accused who are similarly situated as the petitioner 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.
Mohita/64
1 issue framed by the court
Whether bail should be granted to the petitioner invoking parity with co-accused granted bail by a coordinate bench.
3 provisions across 3 enactments
Jitendra Godara @ Jeetu
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
