BHARAT TAPUBHAI VALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEAVE granted.

(2.) THE appellants are accused nos. 3 and 7 in Sessions Case No. 70 of 2010 pending before the Sessions Court, Amreli. The offences alleged are under Sections 143, 147, 148, 149, 302, 325, 326, 504, 34 & 120(B) of Indian Penal Code and under Section 25(1)(i), (1)(B)(A) of Arms Act. Charge-sheet in the case was filed on 23.10.2010. Accused nos. 1 and 5 are stated to be absconding. The remaining six accused including the appellants were released on bail by the Sessions Court. Against the grant of bail, the complainant filed Criminal Miscellaneous Applications in the High Court of Gujarat. The application against grant of bail to accused nos. 2, 4, 6 and 8 was dismissed by the High Court. At the same time, the order of the Sessions Court granting bail to Accused nos. 3 and 7 (Appellants herein) was set aside by the High Court in Criminal Miscellaneous Application No. 1818 of 2001 vide its order dated 16.06.2011. The said order of the High Court is under challenge in this appeal.

(3.) HAVING regard to the fact that bail granted to accused nos. 2, 4, 6 and 8 was not set aside by the High Court and that no justifiable reason has been stated by the High Court for denying bail to the appellants while granting bail to the co-accused and that no special circumstance has been pointed out in the impugned order for treating the appellants differently from accused nos. 2, 4, 6 and 8 in the matter of granting bail, we are of the view that the appellants also are entitled to bail on the ground of parity with the coaccused.