ORDER
1. Through the medium of instant bail application, the petitioner has sought bail in a case arising out of FIR No. 327/2014 of Police Station, Kathua for offences under sections 302, 307, 147, 148, 149 RPC and 3/25 Arms Act.
2. The bail application has been sought on medical grounds and this Court vide order dated 24.11.2022 has granted ad-interim bail on health grounds which is still in operation. It is pertinent to mention here that on an earlier occasion, learned trial court in terms of its order dated 31.08.2021 had declined to enlarge the petitioner on bail on health grounds.
3. Today, learned counsel for the petitioner has submitted that the co-accused in the case have been granted bail on merits by the learned trial court by virtue of order dated 07.01.2023 and while passing the said order, the learned trial court has observed that prima facie there is no evidence against the accused persons.
Sr. No. 101
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2 Bail App No. 288/2022
4. In view of the above, it would be appropriate for the petitioner to approach the learned trial court for grant of bail on merits by claiming parity with the other co-accused.
5. Accordingly, the instant bail application is disposed of with a liberty to the petitioner to approach the trial court for grant of bail on merits. Till such time the bail application of the petitioner is considered and decided by the trial court on merits as well as on medical grounds, interim bail granted by this Court on 24.11.2022 shall remain in operation subject to the conditions contained therein. It is, however, made clear that the aforesaid bail shall remain in operation only if the petitioner approaches that trial court within a period of three weeks from today.
(SANJAY DHAR)
JUDGE
Jammu
10.02.2023
Neha
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