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2021 (1) TMI 1304 - HC - Indian LawsSeeking grant of bail - Principles of parity - as per the FIR, the petitioner Kalyan Singh was allegedly armed with a knife but it is apparent from the injury reports of the injured Om Prakash and Thakara Ram that no injury whatsoever was caused to anyone by a sharp weapon - HELD THAT:- As per Section 439 Cr.PC., the Sessions Court as well as the High Court while considering the bail application/s of arrested accused have concurrent jurisdiction. Needless to say that while considering bail applications of similarly situated accused persons, parity has to be maintained and it should be ensured that unless any distinguishable feature or any special circumstance is in existence, the bail of a subsequently arrested accused on same footing should not be dismissed when other/s with similar allegation/s have been extended indulgence of bail. In the present case, the learned Additional Sessions Judge No.1, Barmer, while rejecting the bail application of the petitioners by order dated 23.12.2020, referred to his own order dated 05.09.2020 whereby, the bail application of Swaroop Singh was rejected. However, the order dated 07.10.2020 passed by this Court whereby, Swaroop Singh whose case stands on the same footing as the petitioners, was admitted to bail was conveniently omitted. This indicates the gross disregard of this Court’s order by the learned Additional Sessions Judge No.1 Barmer. The approach of the learned Additional Sessions Judge No.1, Barmer in denying bail to the petitioners even though similarly situated accused has been granted bail in the very same case is deprecated as such an approach not only tantamounts to a total disregard of this Court’s order but also increases this Court’s dockets flooding it with unwarranted bail applications and also prolongs the custody of the accused without any justification. It is henceforth expected from all the Subordinate Courts in the State of Rajasthan that where similarly situated co-accused has been granted bail by this Court and the bail application of other accused comes up for consideration, this Court’s order/s shall not only be referred to while deciding such bail application/s but shall be followed unless exceptional/distinguishable features exist. It is ordered that the accused-petitioners namely Khet Singh S/o Lal Singh and Kalyan Singh S/o Lal Singh arrested in connection with F.I.R. No.221/2020, Police Station Kotwali, District Barmer shall be released on bail, subject to the compliance with the conditions imposed - bail application allowed.
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