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2018 Supreme(Jhk) 2383
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Shree Chandrashekhar, J.
Charu Oraon @ Charo Oraon - Appellant
Versus
State Of Jharkhand - Respondent
Bail Application No. 3123 of 2018
Decided On : 13-07-2018
R.N. Singh, Adv., S.K. Roy, Adv.
The principle of parity was applied in granting bail to the petitioner based on the similar circumstances of other co-accused persons.
Headnote:
Bail - Parity Plea - The court granted bail to the petitioner based on the plea of parity with other co-accused persons who had been granted bail in similar circumstances.
Fact of the Case:
The petitioner sought bail in a specific case after being in judicial custody since 2016. The bail application was granted with specific conditions.
Finding of the Court:
The court found that the petitioner should be released on bail based on the plea of parity with other co-accused persons who had been granted bail.
Issues: The main issue was whether the petitioner should be granted bail, considering the plea of parity with other co-accused persons.
Ratio Decidendi: The court's decision was influenced by the fact that the petitioner's case was unable to be distinguished from other co-accused persons who had been granted bail.
Final Decision: The bail application was allowed, and the petitioner was granted bail with specific conditions.
JUDGMENT
Shree Chandrashekhar, J. - This is third attempt by the petitioner seeking bail in S.T. Case No.672 of 2016. Previously, the bail application moved by the petitioner vide B.A. No.5743 of 2017 was withdrawn on 19.08.2017. Referring to the orders granting bail to other co-accuseds Shiv Shankar Oraon in B.A. No.1154 of 2018, Mahadeo Oraon in B.A. No.1923 of 2017, Birbal Pahan in B.A. No.9270 of 2016, Premdeep Mahli in B.A. No.5809 of 2017 and Krishna Gope, who is said to be the main accused, in B.A. No.3489 of 2018, the learned counsel for the petitioner has raised a plea of parity for grant of bail to the petitioner.
2. The learned APP has opposed the prayer for grant of bail, however, he is unable to distinguish the case of the petitioner from other co-accused persons.
3. The petitioner is in judicial custody since 04.08.2016.
4. In the aforesaid facts and circumstances of the case, the above-named petitioner Charu Oraon @ Charo Oraon, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.J.C.-VIII, Ranchi in connection with Burmu PS Case No.48 of 2016, corresponding to S.T. Case No.672 of 2016 on the following conditions:
(i) one of the bailers shall be class-I legal heir of the petitioner,
(ii) he shall appear before the trial court on each and every date during the trial, but for just excuse, and
(iii) he shall not change his place of residence without prior permission of the court.
5. This bail application stands allowed.
6. Let a copy of the order be transmitted to the trial court through ''FAX''.
