TMI Blog1999 (3) TMI 670X X X X Extracts X X X X X X X X Extracts X X X X ..... ties. The co-accused Bhuggal and others had made efforts for the arrest of the deceased Yakeenuddin Qureshi, but the High Court had put embargo on the arrest of the deceased; this had been felt by the co-accused Bhuggal and others. On 29-1-1997 one day before the occurrence, the co-accused Bhuggal had told the informant (brother of the deceased) that he had, saved the deceased from the High Court but he. would not be able to save him from the accused. persons. On 30-1-1997 at about 6.30 a.m. the deceased and the informant when came out of, the mosque after offering prayers, the seven accused persons Bhuggal, Haroon, Yunis, son of Noora, Iliyas, Yunis, son of Noor Mohammad and Mohammad were sighted. The co-accused; Bhuggal exhorted and all t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cants are not entitled to bail. The learned Counsel relied upon the decisions of this Court in Smt. Sita Pati v. State (1996) 20 All Cri R 35; Satyendra Singh v. State of U.P. (1996) 20 All Cri R 867 : 1997 AIHC 1051; and a Division Bench of this Court in Chander alias Chandra v. State of U.P. (1998) 22 All Cri R 356:1998 All LJ 870. 5. In Smt. Sita Pati v. State (supra), this Court has held that the facts of each case differ and even a seemingly insignificant fact may change the entire complexion of the case. If bail is granted or refused in one case it does not have the effect of laying down in law and as such a bail order cannot be cited as precedent. Bail cannot be allowed or refused on the ground that bail has been granted or refuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nted in flagrant violation of well-settled principles. If he considers it necessary in the interest of justice, he may, after expressing his views, refer the matter to Judge who had granted bail, for appropriate orders. (4) If it appears that a bail order has been passed in favour of an accused on the basis of wrong or incorrect documents, it is open to any Judge to initiate action for cancellation of bail. 6. In the present case, the order granting bail to the accused Quayum, is not without reasons, the order passed by Hon'ble Mr. Justice T. P. Garg shows that the several respects of the case have been taken into consideration by the Hon'ble Judge while enlarging the co-accused Quayum on bail. The said order cannot be said t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt from granting bail to another accused whose case has not been considered at the earlier occasion. The accused who comes up with the prayer for bail and who had no opportunity of being heard or placing material before the Court at the time when the bail of another accused was heard and rejected, cannot be prejudiced in any other manner by such rejection. 7. Thus the law of parity may be applied in granting bail to a co-accused, but cannot be invoked in rejecting the bail application of another co-accused. The learned Counsel for the complainant relied upon the decision of the Supreme Court in State v. Jaspal Singh, reported in 1984 SCC (Cri) 441 : 1984 Cri LJ 1211. The facts of that case were entirely different, in that case the grant ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
