VISHNU MAHESHWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard.

(2.) THIS is 4th bail application on behalf of Vishnu Maheshwari.

(3.) The learned counsel for the applicant contended that the first application of the applicant was rejected on merits on 30-6-1998. The 2nd application was disposed of on 14-10-1998 whereas the 3rd application was decided on 30-10-1998. He contended that while disposing of the 3rd application, the Court taking into consideration the fact that the applicant's-wife was suffering from heart disease granted a short term bail for 15 days. The applicant complied with the terms of the order and surrendered. He also urged that while disposing of the 2nd bail application, it was argued before the Court that the accused was threatening the witnesses and in case, he is released, he will not be available, but this contention is belied from the fact that after the release of the application for a short period of 15 days, the applicant submitted to the jurisdiction of the Court and surrendered. He urged that after the disposal of the application of the applicant on 30-10-1998, co-accused-Kishore Maheshwari has been granted bail vide order dated 30-11-1998 and the case of the applicant is similar. He, therefore, urged that the applicant is entitled to bail on the ground of parity. A lengthy argument has been advanced by the learned counsel for the applicant that he is entitled to bail on the ground of parity. He also urged that the applicant is not obliged to inform the Court that the bail application of another co-accused has already been rejected. It is the duty of the prosecution to apprise the Court with the fact.