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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Vinit Kumar Mathur, J.
Shyam Sundar @ Shyam Lal – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous. 2nd Bail Application No. 15290 of 2022
Decided On : 02-01-2023
Bail - NDPS Act - Similarity of Case with Co-accused - The court allowed the second bail application of the petitioner under Section 439 Cr.P.C. based on the similarity of the petitioner's case with that of the co-accused persons who had been enlarged on bail.
Fact of the Case:
The petitioner filed a second bail application under Section 439 Cr.P.C. in connection with F.I.R. No.48/2021, Police Station Chakhu, District Jodhpur, for offenses under NDPS Act and IPC after the rejection of the first bail application.
Finding of the Court:
The court found that the case of the present petitioner was not distinguishable from the case of the co-accused persons who had been enlarged on bail, and therefore, granted bail to the petitioner.
Issues: The main issue was whether the petitioner should be granted bail considering the similarity of his case with that of the co-accused persons who had been enlarged on bail.
Ratio Decidendi: The court's decision was influenced by the fact that the case of the present petitioner was identical to that of the co-accused persons who had been enlarged on bail, leading to the grant of bail to the petitioner.
Final Decision: The court allowed the second bail application of the petitioner and directed his release on bail upon execution of a personal bond and sureties.
JUDGMENT
Vinit Kumar Mathur, J. - The case comes up on an application (01/22) preferred for early hearing of the matter.
2. The same is not opposed by the learned Public Prosecutor. For the reasons mentioned in the application, the same is allowed.
3. The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.48/2021, Police Station Chakhu, District Jodhpur, for the offence under Sections 8/15, 8/25 & 8/29 of NDPS Act and Sections 332, 353 & 307 of IPC.
4. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.
5. After the rejection of the first bail application of the petitioner on 18.01.2022, co-accused Shiv Lal @ Shiv Pratap has been enlarged on bail by the Coordinate Bench of this Court vide order dated 20.10.2022, Manish @ Mani Ram by this Court vide order dated 07.09.2022, Atal Bihari by a Coordinate Bench of this Court vide order dated 14.11.2022, Ramesh Chandra @ Ramesh @ Shankar vide order dated 24.11.2022, Mukesh Madani vide order dated 20.12.2022 and Shiv Pratap by the trial court vide order dated 07.09.2022.
6. Learned counsel for the petitioner submits that the case of the present petitioner is not distinguishable from the case of the co-accused persons who have been enlarged on bail. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may also be enlarged on bail.
7. Learned Public Prosecutor has opposed the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused persons who have been enlarged on bail.
8. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical to co-accused aforesaid who have been enlarged on bail, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.
9. Accordingly, the present second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Shyam Sundar @ Shyam Lal S/o Chutra Ram Bishnoi shall be released on bail in connection with F.I.R. No.48/2021, Police Station Chakhu, District Jodhpur provided he executes a personal bond in a sum of Rs.1,00,000/- (Rupees: One Lakh Only) with two sound and solvent sureties of Rs.50,000/- (Rupees: Fifty Thousand Only) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
The main legal point established in the judgment is that the similarity of the petitioner's case with that of the co-accused persons who had been enlarged on bail influenced the court's decision to g....
The court's decision was influenced by the similarity of the petitioner's case to the co-accused who had been granted bail and the absence of recovery of contraband from the petitioner's possession, ....
Granting bail based on the circumstances and the precedent of similarly situated co-accused being enlarged on bail.
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 court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits 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's decision to grant bail was influenced by the nature of the recovered contraband and the expected duration of the trial.
Granting bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances without expressing any opinion on the merits of the case.
The court's decision to grant bail to the accused-petitioners was influenced by the circumstances of the case, including the rejection of the first bail applications, the filing of the charge-sheet, ....
The principle of parity in bail applications mandates that if a co-accused is granted bail under similar circumstances, the same should apply to other accused in the same case.
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