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VIJAY BISHNOI
Bhagwanlal @ Bhagchand @ Bhaguba – Appellant
Versus
State – Respondent
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the parties and perused the material available on record.
2. The petitioner(s) has/have been arrested in FIR No.486/2019 of Police Station Pindwada, Distt. Sirohi for the offence(s) punishable under Section(s) 8/15 and 29 of the NDPS Act. He/she/they has/have preferred this/these fourth bail application(s) under Section 439 Cr.P.C.
3. Learned counsel for the petitioner has submitted that after rejection of the earlier bail application of the petitioner, Co-ordinate Benches of this Court have granted bail to co-accused persons namely Ramesh and Manohar Lal. It is further submitted that case against the petitioner is under Section 8/29 of the NDPS Act. It is further submitted that when the other co-accused persons have already been granted bail, the petitioner may also be enlarged on bail.
4. Learned Public Prosecutor has opposed the bail application, however, he is not in a position to dispute the fact that case of the petitioner is not distinguishable from the case of other co-accused persons, who have been enlarged on bail.
5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion o
The court established that the principle of parity in bail applications is crucial when co-accused are granted bail under similar circumstances.
Insufficient evidence, primarily based on co-accused statements, does not justify prolonged incarceration; bail granted maintaining parity with co-accused.
The court may 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 court has the discretion to grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.
The court emphasized that the grant of bail is contingent upon the circumstances of the case, particularly in relation to co-accused and the absence of factors against bail.
The court emphasized the fundamental right to a speedy trial over statutory restrictions on bail, allowing bail due to prolonged incarceration without trial.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.
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