Bench allowed regular bail to the petitioner in custody for over three years, granting it on grounds of parity with a similarly situated co-accused who had already been released, without re-examining the merits of the case.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No.
16480/2019
Praveen @ Salu S/o Shri Rajesh Jat, R/o Fauladpura Police Station Shahjanpura District Alwar Raj.
(At Present In Sub Jail Fatehpur Shekhawati)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Ripu Daman Singh Naruka For Respondent(s) : Mr. Ganesh Saini for the State
HON'BLE MRS. JUSTICE SABINA Judgment / Order
16/12/2019
Petitioner has filed this 2nd petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.140/2016 registered at Police Station Balara, District Sikar (Raj.) for offence under Section 323, 395, 397, 342, 450, 458 Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that co-accused Ramswaroop has been granted bail by Co-ordinate Bench of this court vide order dated 22.11.2019. Case of the petitioner is on a similar footing. Petitioner is in custody for the last about three years.
Learned State Counsel, has opposed the petition.
Keeping in view the fact that similarly situated co-accused has 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 /4
2 issues framed by the court
Whether to grant regular bail to the petitioner on grounds of parity with a co-accused.
Whether the petitioner, having been in custody for three years, should be released on bail.
1 provisions across 1 enactments
Praveen @ Salu
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
