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...2020 respectively, therefore, the applicant is also entitled to be released on bail on the ground of parity. (ii)- Applicant is in jail but trial is not proceeding...ground of parity in a heinous offence and while cancelling the bail granted by the High Court it observed that:- "The High Court on being moved, has considered the application for bail and without...but rule of parity is not applicable in all the cases, where one or more accused have been granted bail or similar role has been assigned inasmuch as bail is granted on the totality of facts and circumstances of a ...
...Section 307 IPC against the complainant and his companions and simply because a charge under Section 307 IPC has been framed against the complainant and his companions, they cannot claim, on ground of parity, that.... Under the circumstances, the impugned order needs no interference by this Court on the ground of parity as contended by the learned counsel for the petitioner and the complainant...and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which —(a) is not...
...to accused No. 5 on 09.11.2020 by disposing of Crl. P. No. 5471/2020. In view of bail being granted to accused No.5, ground of parity is available and therefore this petition has to be allowed.... 4. Learned H.C.G.P. submits that the order of this Court in Crl. No. 3637/2020 is so clear as to how the ground of parity is not applicable and therefore there is no changed...the petitioner and thus prima facie case against him is made out. It was also held at that time itself that ground of parity is not applicable in view of grant of bail to accused No.7 by the Sessions...
...identical to that of the co-accused Chandra Pal and on the ground of parity, the applicant should also be granted bail.3. On behalf of the complainant as well as the State it has been...brought to the notice of Hon'ble Mr. Justice N.L Ganguli when the bail application of co-accused Chandra Pal was allowed. It is contended that in such circumstances, the ground of parity will not be...not have been rejected merely on the ground that the bail application of other co-accused earlier had been rejected. Thus according to the learned counsel there could not be any parity in respect of...
...-sheet came to be rejected by not accepting the ground of parity by stating the reason that said argument could be canvassed before the High Court. It is further submitted that learned Sessions Judge..., deserves to be viewed seriously along with other observations and finding that ground of parity can be advanced before the High Court and not before the Sessions Court. The above reasoning and approach of...passed by the High Court were brought to the notice of the learned Sessions Judge, it is held that ground of parity can be claimed by co-accused only before the High Court. The above approach of the...
...that of co-accused Ashok Kumar who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The prayer for bail has vehemently been opposed by learned A.G.A...applicant has made out a case for grant of bail on the ground of parity.5. In view of the above, let the applicant, Mitthan Yadav be released on bail on his executing a personal bond and...Bala Krishna Narayana, J.:— Heard learned counsel for the applicant and learned A.G.A for the State and perused the material on record.2. By means of this application, the...
...learned AGA, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.In view of the above, let the...Respondent 2-accused was identical to that of Ashok Kumar and he should be released on bail. Thus, the foundation of the prayer for grant of bail was on the bedrock of parity. The said prayer for grant...the learned counsel for the appellant as well as the learned Senior Counsel for the State has canvassed that the High Court has appositely applied the principle of parity and, therefore, the order...
...fit to be dismissed solely on the ground of parity as the High Court had also refused to entertain the writ appeals on the ground of parity which clearly implies that any other view different from...same class of persons.5. Apart from the fact that we see no ground to differ from the view taken earlier, we have been informed that the financial implication of the...OrderSLPs (C) . . . CC Nos. 7465-70, 8287-91, 8403-07, 8464-68, 19503 of 2012, SLP (C) No. 34866 of 2012, CC No. 9200 of 2013, SLP (C) No. 14952 of...
...road, falling in the Hamirpur district. Therefore, on these facts, the counsel urges that the ground of parity is untenable.12. Lastly, it was argued that in light of...not adjoining to that of the appellants, it disentitles them from claiming benefit on the ground of parity. Despite it not being adjoining (which is admitted in the rejoinder affidavit filed by the...dismissed on this ground alone : appellants had approached the High Court after an inordinate delay of 38 years in 2011, against action taken by the State in 1972-1973; and an inordinate delay of about 6...
...28.10.2014 in Criminal Misc. Bail Application No. 35390 of 2014, hence the applicant is also entitled for bail on the ground of parity.4. Learned A.G.A vehemently opposed the prayer of...recovered, which is much more than commercial quantity. It was also contended that in the case of Tarun Yadav v. State of U.P,1 it has been held by this Court that “on the ground of parity...of bail by one Judge, another is not under obligation to grant bail to another accused on the ground of parity without considering merits.5. He may reject bail...
...the ground of parity.
Learned A.G.A. vehemently opposed the prayer of bail and contended that from Pintoo and Bheem Kumar recovery of ganja
20 Kg. was made...the ground of parity granting of bail by one judge, another is not under obligation to grant bail to another accused on the ground..., merely to maintain consistency." that the applicant's first bail application has been dismissed on merits and he may not seek parity as the ground of parity is not available...
...been released by Hon'ble Mr. Justice Imtiyaz by order dated 14-3-20002. That allegation against the applicant are identical and therefore he is entitled to bail on the ground of parity.4...of them has been released on bail the other is entitled to bail on the ground of parity.7. The last case referred to is the decision of Supreme Court in Kallu v. State of...the bail was granted by the High Court on the ground of parity. The Apex Court while cancelling the bail granted on the ground of parity observed:“The High Court on being moved, ha...
..., hence the applicant who is in custody since 28.3.2023, hence the applicant may be released on bail on the ground of parity.
3. Per contra, learned A.G.A. has opposed the bail prayer of...the applicant but could not deny the ground of parity.
4. Considering the allegations against the applicant is also similar to the co accused who has already been enlarged on bail..., I am of view that the applicant is entitled for bail on the ground of parity.
5. Accordingly, the present application is
allowed...
...10.10.2022 may also be enlarged on bail on the ground of parity.
3. Learned A.G.A. opposed the prayer for bail but could not deny the ground of parity.
4...entitled to be released on bail on the ground of parity.
5. Accordingly, the bail application is allowed.
6. Let the applicant Uma Nat be released...
Neutral Citation No. - 2024:AHC:141822
Court No. - 25 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27378 of 2024...
...M.Cr.C. No.54585/2024, therefore, present applicant may also be granted bail on the ground of parity.
3 . Per contra, learned counsel for the State has opposed the submissions made by...learned counsel for the applicant and read-over the case-diary and submits that the bail application does not deserve to be allowed on the ground of parity.
1...State and submits that the applicant does not deserve benefit of bail on the ground of parity.
5. Considering the submissions of learned counsel for the parties and the order...
...similar lines on the ground of parity. In view of the same, this Court is inclined to pass the interim order in terms of I.A.No.1/2024 in W.P.No.13681/2024 on the ground of ...
APHC010303472024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special...Original Jurisdiction)
[3332]
WEDNESDAY, THE TWENTY FOURTH DAY OF JULY
TWO THOUSAND AND TWENTY FOUR
PRESENT...
...-ordinate Bench of this Court vide order dated 23.05.2018 as the sons of the deceased during trial have stated that their father was not having any dispute with Kishan. On the ground of parity, petitioner.... Since, co-accused Kishan @ Neta has been granted bail by Co-ordinate Bench of this Court vide order dated 23.05.2018, on the ground of parity and without expressing any opinion on the merits ...Judgment 02/07/2018 Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in...
...six mobiles has been seized and application of co-accused
Amit has been allowed by the coordinate bench of this Court by order dated
25.4.2012 and prays that on the ground of parity this...aforesaid facts and circumstances, without
expressing any opinion on merits of the case, on the ground of parity with co-
accused Amit, the application for grant of bail is allowed and....
Applicant – Harish @ Akku son of Rajendra is implicated in crime
no.88/12, registered at police station – Aerodrum Road, Indore for
commission of offence punishable under...
...present writ petition as well on the ground of parity.
Perused the record.
Taking the submissions of the learned counsel for the petitioner into consideration..., on the ground of parity, this Court is inclined to pass the following interim order:
"There shall be stay of all further proceedings pursuant to the Cess Assessment...
APHC010258732024
IN THE HIGH COURT OF ANDHRA
PRADESH
AT AMARAVATI...
...this petitioner. Therefore this petitioner is entitled to bail on the ground of parity. On consideration of the investigation records, I find that the petitioner had strong motive to do away with the...life of Palini. The overt acts attributed against this petitioner are not identical to overt acts attributed against other accused. Therefore the ground of parity cannot be pressed into service. In the circumstance...of IPC. He has sought for bail.2. Heard learned counsel for petitioner and the learned Government Advocate for the State.3. I have been taken through the...