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TMI Blog1991 (9) TMI 369X X X X Extracts X X X X X X X X Extracts X X X X ..... ra Pal and on the ground of parity, the applicant should also be granted bail. 3. On behalf of the complainant as well as the State, it has been asserted that after the rejection of the first bail application moved by the present applicant, one application by another co-accused was rejected by Hon'ble Mr. Justice K.K. Chaubey and this fact was not brought to the notice of Hon'ble Mr. Justice N.L. Ganguli when the bail application of co-accused Chandra Pal was allowed. It is contended that in such circumstances, the ground of parity will not be available to the present applicant. On behalf of the State and the complainant, however, it has not been denied that the case of the present applicant is similar to that of co-accused Chand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice K.K. Chaubey, the applicant then moved second bail application which was allowed by Hon'ble G.P. Mathur, J. on the ground of parity though the Hon'ble Judge clearly mentioned that he was still of the opinion that the applicant was not entitled to the privilege of bail, but however, as his case was not distinguishable on facts from the case of Virendra Singh, Co-accused, it would not be proper to keep the applicant in jail when co-accused, who was similarly situated, had been released on bail. Thus, in this case, the bail was allowed only on the ground of parity. 5. The learned counsel for the applicant also referred to the decision in the case Ali Husain v. State of U.P., 1990 UP Cr R 93. In that case also, Hon'ble S.K. D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... could be no parity in rejection of bail application appears to have much force. The reason for it is that when the bail application of one co-accused is rejected on merits, the other co-accused who is not a party to that bail application, had no opportunity to make his submissions before the court. It is only when he moves his bail application that he can make his assertions, which are to be heard and decided on merits by this Court. So it cannot be said that his bail application would be liable to be rejected merely because the bail application of other co-accused had been rejected earlier. 9. Considering the facts and circumstances of the case, the applicant Shobha Ram should also be granted bail on the ground of parity. 10. The se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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