This order granted regular bail to an appellant in a murder case based on parity of circumstances with a co-accused who had been granted bail by a coordinate bench of the same Court, without expressing an opinion on the merits.
Petitioner admitted to bail subject to the 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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 11955/2019
Lalaram S/o Motiram, Aged About 45 Years, B/c Aagari R/o Mandla Khurd Ps Ramgarh Dist. Alwar Raj. (Accused Presently Confined In Jail Dist. Jail Alwar Dist. Alwar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Vikas Jain, Advocate For Respondent(s) : Mr. S.S. Ola for the State Mr. Nikhil Saini for the complainant
HON'BLE MRS. JUSTICE SABINA
Order
23/10/2019
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 294/2019 registered at Police Station Ramgarh, Alwar for offences under Sections 147, 148, 149, 323, 341 and 302 of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 19.6.2019. Case of the petitioner is on similar footing as co-accused Kurri @ Kurshed. The said coaccused has been granted bail by the co-ordinate Bench of this Court vide order dated 29.7.2019. It is submitted that the injury on the head of the deceased was attributed to co-accused Prakash Chand and Mukesh.
Learned State counsel who is assisted by the learned counsel for the complainant has opposed the petition, but has
(2 of 2)
[CRLMB-11955/2019]
failed to controvert the factual aspect of the submissions made by the learned counsel for the petitioner.
Since co-accused has been granted bail by the coordinate 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
Anil Makwana /2
2 issues framed by the court
Whether to grant regular bail to the petitioner in custody based on parity with a co-accused who was already granted bail.
Whether the infringement of Section 439 CrPC by this Court, in granting bail on grounds of parity without considering merits, calls for quashing.
Colour shows how this judgement treated each authority
Unknown Order dated 29.7.2019Referred¶12
1 provisions across 1 enactments
Lalaram S/o Motiram
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
