The High Court of Rajasthan granted regular bail to the petitioner under Section 439 Cr.P.C. based on parity with a co-accued granted bail by a coordinate bench in the same FIR.
Petitioner is ordered to be released on bail in the same terms as Mukesh Kumar.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail No. 6337/2018
Prahlad S/o Harjiram Dhaka, B/c Jat , R/o Village Dhakali Police Station, Sadar Fatehpur, District Sikar. Presently Confined In Jail At Sikar
----Petitioner
Versus
State Of Rajasthan Through P.p.
----Respondent For Petitioner(s) : Mr. Sumer Singh For Respondent(s) : Mr. Prakash Thakuria, P.P.
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
/ Order
03/08/2018
Instant 2nd bail application has been preferred under Section 439 Cr.P.C. for grant of regular bail to the petitioner in a case arising out of same F.I.R. No.92/2015, registered at Police Station Sadar Fatehpur District Sikar for offences punishable under Sections 341, 302 read with Section 34 I.P.C.
The learned counsel appearing for the petitioner has contended that after recording of evidence of material witnesses, the case of the present petitioner cannot be distinguished from the case of co-accused Mukesh Kumar, who has been granted bail by the Co-ordinate Bench.
The order dated 22.04.2016 passed by the Co-ordinate Bench granting bail to Mukesh Kumar, co-accused reads as under :-
“Heard learned counsel for the parties.
On consideration of submissions made on behalf of
the respective parties and the material made
(2 of 2)
[CRLMB-6337/2018]
available for my perusal as well as the evidence collected during investigation which has been placed on record by way of copy of the chargesheet and looking to the role found of the petitioner in the incident, but without expressing any final opinion on the merit and demerit of the case, I am inclined to enlarge the petitioner on bail under Section 439 Cr.P.C.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed.
It is ordered that the accused-petitioner-Mukesh Kumar son of Shri Girdhari Lal, in FIR No.92/2015, registered at Police Station Sadar, Fatehpur, District Sikar, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty thousand only) and two surety bonds of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.”
The learned Public Prosecutor appearing for the State, during the course of arguments, could not distinguish the case of the present petitioner from the case of co-accused – Mukesh Kumar.
It is submitted that after rejection of the first bail application, the evidence of material witnesses has been recorded and the witnesses in the Court have stated that all six accused caused injuries to the deceased, which included Mukesh Kumar, co-accused of the petitioner.
After hearing ld. counsel appearing for the petitioner and ld. Public Prosecutor appearing for the State, the present application is accepted on the ground of parity and the petitioner is ordered to be released on bail in the same terms as in the case of Mukesh Kumar Vs. State of Rajasthan (S.B. Criminal Miscellaneous Petition No.13838/2015) ,decided on 22.04.2018.
(KANWALJIT SINGH AHLUWALIA),J
ashok
2 issues framed by the court
Whether the petitioner is entitled to regular bail on the ground of parity with a co-accused who has already been granted bail in the same case.
Whether the recording of evidence of material witnesses bars the grant of bail to an accused who is similarly situated to a co-accused on bail.
Colour shows how this judgement treated each authority
Mukesh Kumar Vs. State of RajasthanExplained¶24
Mukesh Kumar Vs. State of Rajasthan (S.B. Criminal Miscellaneous Petition No.13838/2015)
1 provisions across 1 enactments
Prahlad S/o Harjiram Dhaka
State Of Rajasthan Through P.p.
Kanwalyjit Singh Ahluwania
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
