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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Prakashi Devi – Appellant
Versus
Govt. NCT of Delhi – Respondent
Bail Appln. 1743 of 2023
Decided On : 23-05-2023
BAIL APPLICATION - Regular Bail Application - The petitioner, a lady accused, was granted bail based on the grounds of parity with co-accused and being in custody for nine months. The bail was subject to certain terms and conditions.
Fact of the Case:
The petitioner filed a regular bail application in a case registered under various sections of the Indian Penal Code. The petitioner's counsel argued for bail based on the similar bail granted to co-accused and the petitioner's custody since a specific date.
Finding of the Court:
The court found that the petitioner, being a lady and in custody for nine months, was entitled to bail based on grounds of parity with co-accused and the circumstances of the case.
Issues: The main issue was whether the petitioner should be granted bail based on the grounds of parity with co-accused and the period of custody.
Ratio Decidendi: The court's decision was influenced by the principle of parity with co-accused and the petitioner's custody period, leading to the grant of bail with certain terms and conditions.
Final Decision: The petitioner was admitted to bail on furnishing a personal bond and surety, subject to specific terms and conditions, and the application was disposed of.
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 entitled to be admitted to bail. Thus, taking into account the facts and circumstances and the parity, the petitioner is admitted to bail on furnishing a personal bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand Only) with one surety of the like amount to the satisfaction of the Trial Court, further subject to the following terms and conditions:
a) the Petitioner shall cooperate in the investigation and appear before the Investigating Officer of the case as and when required;
b) the Petitioner shall under no circumstances leave India without prior permission of the Court concerned;
c) the Petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;
d) the Petitioner shall provide his/her mobile number(s) to the Investigating Officer and keep it operational at all times;
e) In case of change of residential address and/or mobile number, the Petitioner shall intimate the same to the Investigating Officer/Court concerned by way of an affidavit.
6. In view of the submissions made, the present application is disposed of.
7. Copy of the order be also sent to the concerned jail superintendent for information and compliance.
8. Copy of this order be given dasti.
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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