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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARSIMRAN SINGH SETHI
Jatinder Kaur @ Jyoti – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Harsimran Singh Sethi, J.
In compliance of order dated 08.05.2024, a short affidavit filed on behalf of the respondent-State in the Court today is taken on record.2. The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in respect of FIR No. 164 dated 02.10.2022 registered under Sections 222, 224, 225-A & 120-B of the IPC (Sections 212 & 216 of the IPC and Sections 25/54/59 of the Arms Act, 1959 added later on) at Police Station City-I Mansa, District Mansa.
3. Learned counsel for the petitioner submits that the only allegation alleged against the petitioner is that the petitioner helped one Deepak, who was involved in FIR No.218 dated 22.08.2019 registered under Sections 302 & 34 of the IPC at Police Station Sardulgarh, District Mansa, after escaping from the custody of police. Learned counsel for the petitioner further submits that along with the petitioner the brother of the said Deepak namely, Chirag and Bittu were also made co-accused and the co-accused Bittu, against whom the same allegations have been alleged, has already been granted the concession of regular bail by this Court while passing order in CRM-M-4913
The main legal point established in the judgment is the consideration of parity in granting bail, especially when the main accused has already been granted bail and there are no differentiating circu....
The decision to grant regular bail was based on the prolonged custody period, lack of other pending cases, and the commencement of prosecution evidence.
Parity can be a valid ground for granting bail if there are no differentiating facts between the petitioner and the co-accused who have already been granted bail.
The gravity of the offense and the expeditious nature of the trial influenced the court's decision in denying regular bail to the petitioner.
The existence of animosity between the parties, previous grant of bail in similar cases, and the likelihood of a delayed trial were key factors in granting regular bail to the petitioner.
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