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DINESH KUMAR SHARMA
Prakashi Devi – Appellant
Versus
Govt. NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 14091/2023
Exemption allowed subject to just exceptions.
BAIL APPLN. 1743/2023
1. This is a regular bail application in case FIR No. 476/2016 under Section 302/308/452/323/324/341/148/149/174A/120-B/34 of IPC registered at P.S Mangol Puri.
2. Learned counsel for the petitioner submits that on the similar facts co- accused Mamta and Varsha @ Heera have already been granted bail by this court vide order dated 27.04.2023 and 11.05.2023 respectively.
3. Learned counsel for the petitioner submits that the role of the present petitioner is similar as of the co-accused Mamta and Varsha @ Heera. Learned counsel further submits that the present petitioner is also in custody since 02.09.2022.
4. Learned APP has fairly submitted that co-accused Mamta and Varsha @ Heera who had the similar role have already been granted bail. However, learned APP submits that this accused was also earlier declared P.O. and then was arrested and therefore there may be possibility of her not being attending the trail.
5. Pursuant to the submissions and the petitioner being a lady and is in custody for the last nine months and on grounds of parity, the petition is
The principle of parity with co-accused and the period of custody can be considered in granting bail.
The principle of parity and consideration of the identical role of the petitioner and a co-accused influenced the court's decision in granting bail.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The decision to grant bail was based on the similarity of the petitioner's case to that of the co-accused who had already been released on bail by the co-ordinate Bench of the Court.
The court established that the right to bail can be granted based on the circumstances of the case, including the nature of the allegations and the status of co-accused.
The court's decision was influenced by the seriousness of the offence, the potential threat to witnesses, and the need to prevent tampering with evidence, leading to the imposition of specific condit....
The principle of parity in bail applications mandates that similarly situated accused persons should be treated equally, particularly when the prosecution fails to distinguish their cases.
The principle of parity can be applied in bail decisions, allowing similarly situated individuals to be treated similarly in terms of bail grants.
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