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DIPANKAR DATTA, PRASHANT KUMAR MISHRA
Ajay Sharma – Appellant
Versus
State Of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. rejection of bail by high court (Para 1 , 2) |
| 2. hearing of parties' counsel (Para 3 , 4) |
| 3. granting bail under similar circumstances (Para 5) |
| 4. setting aside of previous judgments (Para 6) |
| 5. allowing appeals and disposing pending applications (Para 7 , 8) |
ORDER :
1. Leave granted.
2. The High Court by the impugned judgment(s) and order(s) has rejected the appellants' prayers for bail.
3. We have heard learned counsel appearing for the parties.
4. It has been brought to our notice that several co-accused have been enlarged on bail by this Court vide order dated 25th October, 2024 in Criminal Appeal Nos. 4410-4412/2024.
5. Since the appellants stand on the same footing, we are also inclined to grant bail to the appellants on the same terms and conditions as imposed by the order dated 25th October, 2024. Ordered accordingly.
6. The impugned judgment(s) and order(s) stand(s) set aside.
7. The appeals are, accordingly, allowed on the aforesaid terms.
8. Pending application(s), if any, shall stand disposed of.
The court may suspend a sentence pending appeal if the appellant has served a significant portion of the sentence and other co-accused have been granted suspension.
Bail cannot be granted solely on ground of parity without considering relevant features of case.
The ground of parity for granting bail must be valid and applicable, as indicated by previous judgments.
Grant of bail under Section 14-A(ii) of SC/ST Act when investigation complete and co-accused granted bail.
The non-surrender of a co-accused who has been released on bail cannot be a valid ground to reject another accused's bail application under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic....
Bail – Filing of fresh bail application, once an earlier bail application has been rejected or if granted and thereafter cancelled is a matter of right – Solely on the ground that Apex Court had not ....
Bail – Filing of fresh bail application, once an earlier bail application has been rejected or if granted and thereafter cancelled is a matter of right – Solely on the ground that Apex Court had not ....
The principle of parity in bail applies when co-accused face identical charges, warranting similar treatment unless distinct circumstances exist.
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