The principle of parity in granting regular bail to accused persons in similar circumstances.

JUDGMENT

Harsimran Singh Sethi, J. - By this common order, the abovementioned two petitions are being decided as the prayer of the petitioners in both these petitions relates to the grant of concession of regular bail in respect of FIR No.230 dated 18.05.2019 under Section 384 IPC 1860 and Section 7, 8, 9 and 13 of Prevention of Corruption Act, 1988, registered at P.S. Sampla, District Rohtak.

2. Learned senior counsel for the petitioners argues that in the FIR No.230 dated 18.05.2019, there were more than one accused and the allegations in the FIR were against one Sh. Ravinder Kumar @ Kala and Sh. Surender Rathi that they were extorting money from the transporters for the clearance of their overloaded vehicles from the barrier so as to prevent them from being challaned and each vehicle was being charged Rs.8,000/- for the said purpose. Learned senior counsel further submits that as per the allegations, the amount which was being extorted by Sh. Ravinder Kumar @ Kala and Surender Rathi, was being forwarded to the officers working in the transport department, namely, Sh. Amit, who was working as a Clerk in the office of the Regional Transport Authority as well as the petitioner in these petitions i.e. Manish Madan, who was working as Assistant Secretary in RTA Office and Sh. Suresh Kumar, who was working as Personal Assistant to the Deputy Commissioner, Dadri.

3. Learned Senior counsel appearing on behalf of the petitioner submits that this Court has already extended the concession of Regular Bail to Sh. Ravinder Kumar @ Kala while deciding Crl.Misc.No.M-1182 of 2020 on 25.02.2020. The same benefit of regular bail has also been granted to Surender Rathi while deciding Crl.Misc.No.M-7321 of 2020 on 25.02.2020. Lerned Senior counsel further submits that even the Clerk of the RTA Office, namely, Amit has also been granted the benefit of Regular Bail while deciding Crl.Misc.No.M-9301 of 2020 on 06.03.2020.

4. Learned senior counsel argues that allegations alleged against Sh. Amit and the present petitioners are the same and, therefore, the petitioners are also entitled for the grant of benefit of regular bail on the principal of parity as the similarly situated co- accused has already been granted the said concession by this Court.

5. Learned counsel appearing on behalf of the respondents admits that the allegations alleged against the present petitioners are akin to the allegations alleged agianst Sh. Amit and Sh. Anil has already been granted the benefit of regular bail by this Court. Learned counsel for the respondents submits that the only fact which differentiate the case of the petitioners and Sh. Amit is that amount recovered from these accused is more than Sh. Amit.

6. I have heard the counsel for the parties and have gone through the record with their able assistance.

7. It is not disputed by the State counsel that the accused Ravinder Kumar @ Kala as well as Sh. Surinder Rathi, who, as per the allegations alleged in the FIR, were extorting the amount from the transporters, have already been extended the benefit of regular bail by this Court while deciding Crl.Misc.No.M-1182 of 2020 decided on 31.01.2020 and Crl.Misc.No.M-7321 of 2020 decided on 25.02.2020 respectively. Further, the learned State counsel has admitted that the allegations in the FIR against the present petitioners are similar to that of Amit, who was also working in the office of the Regional Transport Authority and has already been extended the benefit of regular bail by this Court while deciding Crl.Misc.No.M-9301 of 2020 decided on 06.03.2020. Amount which has been recovered from the accused has already been taken notice by this Court while extending the benefit of regular bail.

8. The relevant portion of the order passed by this Court in Crl.Misc.No.M-9301 of 2020 in respect of Sh. Amit is a under:

'Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.230 dated 18.05.2019 registered under Section 384 IPC and Sections 7,