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2005 Supreme(P&H) 338

PUNJAB & HARYANA HIGH COURT
Satish Kumar Mittal, J.
Mukhtiar Singh
Versus
State Of Punjab
Criminal Miscellaneous No. 47552 of 2004,
Decided On : MARCH 3, 2005

Granting regular bail based on the principle of parity with co-accused in similar circumstances.

Headnote:

Bail - NDPS Act - The court granted regular bail to the petitioner based on the principle of parity, considering that all three co-accused with similar allegations had been granted regular bail/anticipatory bail by the court or trial court.

Fact of the Case:

The petitioner filed a petition for regular bail in a case under the NDPS Act, citing the grant of bail to the three co-accused with similar allegations.

Finding of the Court:

The court granted regular bail to the petitioner based on the principle of parity, without commenting on the merits of the case.

Issues: Regular bail application under Section 439 Cr. P.C. in a case under the NDPS Act.

Ratio Decidendi: Granting regular bail based on the principle of parity with co-accused who had been granted bail in similar circumstances.

Final Decision: The court granted regular bail to the petitioner to the satisfaction of CJM, Patiala.

Judgment

Satish Kumar Mittal, J.

1. The petitioner has filed this petition under Section 439 Cr. P.C. for grant of regular bail in case F.I.R. No. 125 dated 10.3.2003, registered at Police Station Sadar, Patiala, under Sections 15/61/85 of the NDPS Act.

2. I have heard the arguments of the learned counsel for the parties.

3. This is the second bail application filed by the petitioner. The earlier application was dismissed as withdrawn on October 1, 2004. Counsel for the petitioner contends that in this case, all the three co-accused of the petitioner, against whom there are similar allegations, have been granted regular bail/anticipatory bail by this Court or by the trial Court. This fact has not been disputed by the State counsel.

4. In view of the aforesaid facts, without commenting on the merits of the case, I deem it appropriate to grant the concession of regular bail to appropriate to grant the concession of regular bail to the petitioner also on the principle of parity. Bail to the satisfaction of CJM, Patiala.

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