TABREEZ Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner-accused 6 under Section 439 of Criminal Procedure Code, 1973 seeking his release on bail of the offences punishable under Sections 302 and 201 read with Section 149 of Indian Penal Code, 1860 registered in respondent-Police Station Crime No. 79 of 2013. I have heard the learned Counsel appearing for the petitioner-accused 6 and the learned High Court Government Pleader appearing for the respondent-State.

(2.) Learned Counsel appearing for the petitioner, during the course of the arguments, submitted that there are no direct witnesses to the alleged incident and the case of the prosecution rests on the circumstantial evidence. The learned Counsel also submitted that accused 7 against whom similar allegations are made had approached this Court and this Court, after considering the merits of case, has ultimately allowed the petition in respect of accused 7 and granted bail to him. The learned Counsel also submitted that the petitioner-accused 6 is also standing on the same footing with that of accused 7. Hence, on the ground of parity, the present petitioner is entitled to be released on bail.

(3.) As against this, learned High Court Government Pleader appearing for the respondent-State, during the course of the arguments, submitted that looking to the allegations as against the petitioner, he has assaulted the deceased with club. Therefore, he cannot claim the ground of parity as considered in case of accused 7. Hence, the petitioner is not entitled to be released on bail.