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PUNJAB AND HARYANA HIGH COURT
Satish Kumar Mittal, J.
Mukhtiar Singh - Petitioner
Versus
State of Punjab - Respondent
Crl. Misc. 47552-M of 2004.
Decided On : 3 March, 2005
Bail - NDPS Act - Grant of Regular Bail on Principle of Parity
Fact of the Case:
The petitioner filed a petition for grant of regular bail in a case under the NDPS Act. The petitioner had previously filed a bail application, which was dismissed as withdrawn. The petitioner's counsel argued that all three co-accused in the case, facing similar allegations, had been granted regular bail or anticipatory bail.
Finding of the Court:
The court, without commenting on the merits of the case, granted the concession of regular bail to the petitioner based on the principle of parity.
Issues: The issue was whether the petitioner should be granted regular bail in a case under the NDPS Act, considering the grant of bail to the co-accused.
Ratio Decidendi: The court's decision was influenced by the principle of parity, as all three co-accused facing similar allegations had been granted bail. The court did not comment on the merits of the case but deemed it appropriate to grant bail based on parity.
Final Decision: The petition for grant of regular bail was allowed, and the petitioner was directed to furnish bail to the satisfaction of CJM, Patiala.
Satish Kumar Mittal, J. - The petitioner has filed this petition under Section 439 Criminal Procedure Code 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 The earlier application was dismissed as withdrawn on October 1, 2004.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.
Petition allowed.
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