JAI SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) -Heard learned counsel for the applicants and learned counsel for the complainant.

(2.) On behalf of the applicants it has been submitted that five accused persons have been named in the first information report with allegation of committing murder of one Ved Pal and to cause injury to two others by means of fire-arms. Out of them one Mohkam son of Ghaseeta has been granted bail by this court on 26-5-1995. Learned counsel for the applicants has.submitted that the applicants are standing on the same footing with accused Mohka.m. He has referred the case of Nanha Vs. State of U.P., 1993 (30) ACC 281 (SC) It appears that the Division Bench of this court held that if on examination of a given case it transpires that the case of applicant before the court is identical, similar to the accused on facts and circumstances who has been bailed out then the desirability of consistency will require that such an accused should also be released on bail. Learned counsel for the applicants, by referring the said decision has submitted that there is no ground for not allowing the bail applications on the grounds of parity.

(3.) Learned counsel for the complainant has submitted that special leave petition has been filed against the bail order granted in favour of accused Mohkain and the same is pending before Honourable Supreme Court wherein an order has been passed to issue notice. Perused the order of Honourable Supreme Court. He has submitted that charge-sheet has been submitted in this case and the matter is pending for trial. This is a case under Sec. 302, I.P.C. along with other sections of the Indian Penal Code. There is allegation in the first information report that the accused applicants along with others being armed with fire arms made indiscriminate firing causing death of Ved Pal and injuring two others for which the accused applicants should not be released on bail at this stage. When the matter of granting bail to accused Mohkam is pending before Honourable Supreme Court prayer for bail on the ground of parity with the said accused is not available to the applicants.