2020 (12) TMI 1392 - HC - Indian Laws

Grant of regular bail - seeking benefit of parity - HELD THAT - Perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. The applicant is ordered to be released on regular bail subject to the conditions imposed - application allowed.

Summary

Issues:
Application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 for multiple offenses including Sections 302, 143, 144, 147, 148, 149, 341, 384, 120(B), 506(2) of IPC, Sections 25(1-b)A, 27 & 29 of the Arms Act, and Section 135 of the G.P. Act.

Analysis:
The judgment pertains to an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973, involving various serious offenses. The applicant sought bail in connection with an FIR registered at a specific police station for multiple offenses under different sections of the Indian Penal Code (IPC), Arms Act, and G.P. Act. The applicant's counsel argued for bail based on the principle of parity, citing a co-accused who had been granted bail previously. The state, represented by the learned APP, opposed the bail application citing the nature and gravity of the offenses but did not dispute the parity argument presented by the applicant's counsel.

The court considered the arguments presented by both parties, the nature of the allegations, the gravity of the offenses, and the role attributed to the accused without delving into detailed evidence. After due consideration, the court exercised its discretion and decided to grant regular bail to the applicant. The court emphasized that the decision was based on the overall facts and circumstances of the case and referred to a legal precedent set by the Hon'ble Supreme Court in a specific case.

The court granted bail to the applicant subject to specific conditions, including executing a personal bond with surety, not misusing liberty, cooperating with the investigation, surrendering passport if any, not leaving the country without permission, marking presence at the police station monthly, providing the current address to the authorities, and not committing any further offenses. The court also empowered the Sessions Judge to take appropriate action in case of any breach of the conditions set for bail.

Furthermore, the court directed that the observations made in the bail order should not influence the trial court during the trial proceedings. The ruling concluded by making the rule absolute to the specified extent and instructing the registry to communicate the order to the relevant court via email.