High Court dismissed the appeal against an order granting bail to an applicant arrested in a murder case, holding that the applicant was eligible for bail on parity grounds after a co-accused had been released on bail.
Bail allowed on personal bond and two sureties; appeal against that order dismissed.
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.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ORIGINAL JURISDICTION Dated : Nainital the 23rd May, 2014
First Bail Application No. 348 of 2014 Order on the bail application of accused
CRIMINAL SIDE
Salim … Applicant
versus
State of Uttarakhand … Respondent
Mrs. Pushpa Joshi Sr. Advocate assisted by Mr. Saurav Adhikari, Advocate, present for the applicant.
Mr. S.S Adhikari, Brief Holder, present for the State.
U.C. Dhyani, J. (Oral)
The applicant seeks bail in connection with Case Crime no.151 of 2013, for the offence punishable under Section 302/34 of IPC, relating to P.S. Kotdwara, District Pauri Garhwal.
Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
An FIR was lodged against unknown accused on 23.07.2013 for the offences punishable under Sections 302, 323 of IPC. According to the informant, on 23.07.2013, at 06:00 A.M., the tenant of his brother came to informant’s parents. The tenant complained to the parents of the informant that somebody was screaming in the room of Salim. Informant, his parents and neighbours went to Salim’s house, who was yelling in pain. Shama, wife of Salim, was found dead in the adjoining room.
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Salim was got admitted in Government Hospital and thereafter the FIR was lodged by the brother of Salim against unknown person.
As per postmortem report, victim (Shama Parveen) sustained ante mortem head injury with a blunt hard weapon. Present applicant, who is the husband of the deceased, was not named in the FIR (as an accused). The complicity of present applicant in the crime came into fore when the co-accused Sakir gave extrajudicial confession to one Anwar.
The applicant is in jail since 26.07.2013 and has no previous criminal history. Co-accused Sakir has been granted bail by this Court, vide order dated 31.03.2014.
Considering the facts and circumstances as above, a case of bail is made out in favour of the present applicant on the ground of parity.
The bail application is allowed. Let the applicant Salim be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of Chief Judicial Magistrate, Pauri Garhwal.
Dated 23rd May, 2014
SH
2 issues framed by the court
Whether bail can be granted to the applicant on grounds of parity with a co-accused who has already been released?
Whether the facts and circumstances of the case justify granting bail?
Salim
State of Uttarakhand
U.C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
