AVESHHUSSAIN ANVARHUSSAIN SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being C.R. No. I 36 of 2019 registered with Maninagar Police Station, Ahmedabad for the offences punishable under Sections 143, 144, 146, 147, 148, 149, 152, 323, 324, 302, 332, 342 and 427 of IPC, Section 3 of Prevention of Damage to Public Property Act, 1984 and Section 4 of the Gujarat Medicare Service Persons and Medicare Services Institutions (Prevention of Violence and Damage or Loss of Property) Act, 2012.

(2.) Learned advocate Mr. Sikandar Saiyed for the applicant has sought bail for the applicant mainly on the ground of parity. It was submitted that 17 persons, including the applicant herein, were arraigned as accused. However, except the applicant, all the 16 co-accused persons have been released on bail. Thus, by invoking the principle of parity, learned advocate Mr. Saiyed has prayed to release the applicant on regular bail.

(3.) Learned Additional Public Prosecutor Ms. Bhatt pointed out that the present application is third in the series of applications filed by the applicant for regular bail. Earlier, the applicant had preferred Criminal Misc. Application No.5862 of 2020 for regular bail; however, the same was disposed of as withdrawn by order dated 10.09.2020. Thereafter, the applicant had preferred Criminal Misc. Application No.4793 of 2021, which was also disposed of as withdrawn by order dated 26.03.2021. It was submitted that when the aforesaid application being Criminal Misc. Application No.4793 of 2021 was preferred, the co-accused were already released on bail and therefore, the ground of parity was available to the applicant at that time also; however, the applicant was unable to point out any change in the circumstances and therefore, the said application came to be disposed of without inviting any orders on merits. It was, therefore, prayed that no discretion may be exercised in favour of the applicant, as no change in the circumstances has been pointed out.