2009 Supreme(All) 2341
ALLAHABAD HIGH COURT
VIJAY KUMAR VERMA, J.
Shahnawaz
Versus
State of U.P.
Criminal Misc. Bail Application No. 6248 of 2009
Decided on : 25-5-2009
Zubair Ahmad Khan, Rajesh Kumar Gupta. A.K. Srivastava, A.P. Mishra, for Applicant; A.G.A., for Opp. Party.
Headnote:
Principle of Parity - Bail Applications - Section 489-B, 489-C, 489-E IPC - Summary of Acts and Sections: The court discussed the principle of parity as the sole ground for granting bail in the context of bail applications under sections 489-B, 489-C, and 489-E of the Indian Penal Code. The court highlighted key legal provisions and their interpretations, emphasizing that parity cannot be the sole ground for granting bail.
Fact of the Case:
The bail applications pertained to different crime numbers of different police stations, but a common question of law was involved in both applications. The applicants were accused of possessing counterfeit currency notes under sections 489-B, 489-C, and 489-E IPC. The court considered the legal question of whether the principle of parity can be the sole ground for granting bail.
Finding of the Court:
The court found that parity cannot be the sole ground for granting bail. It rejected the bail applications, emphasizing that possession of counterfeit currency notes is punishable under section 489-C IPC and that the applicants did not deserve bail in the heinous anti-social crime.
Issues: The main issue was whether the principle of parity could be the sole ground for granting bail in cases involving possession of counterfeit currency notes under sections 489-B, 489-C, and 489-E IPC.
Ratio Decidendi: The court held that parity cannot be the sole ground for granting bail, emphasizing that possession of counterfeit currency notes is punishable under section 489-C IPC. It also highlighted that long incarceration in jail alone would not entitle the applicants to bail in such a heinous anti-social crime.
Final Decision: The bail applications of the applicants were rejected, and the trial courts were directed to conclude the trial of the applicants within a period of six months, applying the provisions of section 309 Cr.P.C. and avoiding unnecessary adjournments.
"Whether the principle of parity can be the sole ground for granting bail?", is the main point that falls for consideration in both these bail applications.
2. Prayer for bail in bail application No. 6248 of 2009 has been made in crime No. 1234 of 2008 under section 489-B and 489-C. IPC. P.S. Kotwali, District Rampur on behalf of the applicant-accused Shahnawaz alias Shanu, whereas in bail application No. 34861 of 2008. prayer for bail has been made in crime No. 322 of2008 under section 489B, 489C and 489-E, IPC, P.S. Chatganj, District Varanasi on behalf of the applicant-accused Ravi Prasad Verma.
3. Although both these bail applications pertain to different crime numbers of different police stations, but since common question of law is involved in both these applications, hence for the sake of convenience both the applications are being disposed of by this common order.
4. Heard arguments at length of Sri Rajesh Kumar Gupta, Advocate appearing for the applicant Shahnawaz alias Shanu, Sri A. K. Srivastava and Sri A. P. Mishra, Advocates appearing for the applicant Ravi Prasad Verma and AGA for the State.
5. An FIR was lodged on 29-8-2009 at P.S. Kotwali, Rampur by Inspector Singh, SHO, P.S. Kotwali, Rampur, where a case under section 489B and 489C IPC was registered against Munna Kumar Gupta and Shahnawaz alias Shanu (applicant herein) at crime No. 1234/2008. The allegations made in the FIR. in brief, are that on getting information from informer that three persons are transacting counterfeit currency notes in the market, Inspector Singh, SHO P.S. Kotwali, Rampur with the help of other police personnel apprehended the applicant Shahnawaz alias Shanu and co-accused Munna Kumar Gupta on 29-8-2008 at about 5.00 p.m. at Quila Parisar near Janjeer Shah Baba ki Mazar. Rampur. On personal search of the applicant Shahnawaz, two hundred counterfeit currency notes of Rs.500 (total amount Rs.1,00,000/-) are said to have been recovered. On the search of co-accused Munna Kumar Gupta also two hundred counterfeit currency notes of Rs.500 are alleged to have been recovered. One person is said to have fled away after handing over bundles of currency notes to one of these accused.
6. On 15-8-2008, an FIR was lodged by S.I. Mahesh Kumar Bhole at P.S. Chetganj (Varanasi), where a case under section 489-B. 489-C and 489-E IPC was registered at crime No. 322 of 2008 against Suresh Prasad Verma, Ravi Prasad Verma (applicant herein) and Smt. Laxmi Devi w/o Suresh Prasad Verma. The allegations made in that FIR, in brief, are that on getting information through the informer. S.I. Mahesh Kumar Bhole with the help of other police personnel apprehended the accused Suresh Prasad Verma. Ravi Prasad Verma and Smt. Laxmi Devi on 15-11-2008 at about 5.30 p.m. in Mohalla Pishach. District Varanasi. On personal search of the accused-applicant Ravi Prasad Verma. fourteen counterfeit currency notes of Rs. 1.000 (total amount Rs. 14.000/-) are said to have been recovered, whereas from the search of co-accused Suresh Prasad Verma, fifty counterfeit currency notes of Rs. 1000 and from his wife Smt. Laxmi Devi, ten counterfeit currency notes of Rs. 1000 are alleged to have been recovered.
7. Before passing order on the merit of the bail applications. I would like to express my views on the legal question, which I have posed for consideration as stated hereinabove. This question has been posed for consideration, because during the course of hearing on the bail applications it is being argued by Honble members of the Bar that Court is bound to grant bail to the accused if similarly placed accused having same role has been granted bail by another Bench. The Honble members of the Bar generally contend that principle of parity is the sole ground for bail. In both these bail applications also in addition to the arguments made on merit, it was contended by the learned counsel for the applicants that on the ground of parity, the applicants are entitled for bail. Hence, nec