LAWS(ALL)-1997-12-64

CHANDER ALIAS CHANDRA Vs. STATE OF UTTAR PRADESH

Decided On December 12, 1997
CHANDER ALIAS CHANDRA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This matter has come before us on a reference made by a learned single Judge. The relevant part of the referring order reads as under :

(2.) After noticing the submission made on behalf of the applicant that an accused is entitled to bail if a co-accused similarly placed has been granted bail, the learned Judge has formulated the following questions for decision :

(3.) Sri V. P. Srivastava, learned Counsel for the applicant, has submitted that if an accused is granted bail a similarly placed co-accused should also be granted bail on the principle of parity. He has further submitted that not granting bail to a similarly placed co-accused would amount to discrimination and would violate his fundamental right guaranteeed under Article 14 of the Constitution. The contention based on Article 14 does not impress us. In Naresh v. State of Maharashtra, AIR 1967 SC 1, a decision rendered by a Bench of nine Judges, Chief Justice Gajendra Gadkar after referring to Parbhani Transport Co-operative Society Ltd. v. Regional Transport Authority, AIR 1960 SC 801, observed as follows in para 48 of the reports :