ASHISH PATELIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard both the Counsel. On 1/9/2002 there was an incident in Durg on the occasion of Dahiloot. In that incident Naresh Munda, petitioner Ashish and Lalli were injured. Deepak Kumar is the complainant in Crime No. 630/2002 and Lalli is the complainant in Crime No. 631/2002, registered in Police Station Durg, for the offence punishable under Section 307 read with Section 34 of I.P.C. Thus, it is clear that there was a case and counter case in which the applicant, Lalli and Naresh Munda were injured. It is submitted that in the counter case namely Crime No 631/2002 accused persons namely, Shaik Roshan and Raju have been released on bail by the trial Court, which is not disputed.

(2.) This petition is filed by petitioner Ashish, who is one of the accused in Crime No. 630/2002 for grant of bail under Section 439 of Cr. P.C.

(3.) Learned counsel for the petitioner has relied upon the judgment of Madhya Pradesh High Court in the case of Bachhu v. State MP. In that case, the Court held that all the accused persons were enlarged on bail in a counter case the benefit should not be refused to the accused in the other case of the same incident. He also relied upon the decision of Madhya Pradesh High Court in the matter of Wall Khan v. State of M.P., in which the Court held that in cross cases lives of both the parties were lost, one party was enlarged on bail and the Court held that another party is also entitled for the same relief. These two judgments were followed by this Court in M. Cr. C. No. 1187/2002, which was disposed of on 27/9/2002.