Jhar HC | Accused serving sentence in a non-bailable offence directed to be released on bail; Principle of parity applied

Jharkhand High Court: Anubha Rawat Choudhary, J. allowed the interim application of the appellant by granting bail on the basis that the co-accused in similar cases have already been granted bail. 

Firstly, the appellant, in this case, has been charged with Dacoity, punishable under Section 395 of the Penal Code. The appellant and the co-accused were convicted and sentenced by the Additional Sessions Judge, II, Palamau at Daltonnganj, in Sessions Trial Case No. 152 of 2018, arising out of Sadar (Satbarwa) Police Station Case No. 132 of 2017 corresponding to G.R. No. 2129 of 2017. 

The Sessions Court, on 10-04-2019 and 15-04-2019, ordered the accused and the co-accused to go under rigorous imprisonment for a period of seven years along with a fine of Rs 5000. In default of payment of fine, the appellant and the co-accused will be liable for another 6 months of simple imprisonment. 

Secondly, the appellant and the other co-accused have also been sentenced for rigorous imprisonment of 3 years along with a fine of Rs 3000, under Section 25(1-B) of the Arms Act, 1959, by the Sessions Court. In default of payment of fine, the appellant and the co-accused will be liable for simple imprisonment of 4 months. The court also clarified that all the sentences are to run concurrently.

The appellant prayed in the Interim Application No. 5115 of 2019 for suspension of sentence and a release on bail during the pendency of the case. The counsel for the applicant, Manoj Kumar, contends that the appellant has been awarded maximum punishment for 7 years and the appellant has already spent 2 years in jail in connection with the present case. The counsel for the appellant informed the Court that already an appeal regarding a similar case, of a co-accused has been put up in the Court and the Court has already granted bail to the co-accused, Nirantan Kumar Singh, order dated 25-09-2019. [Cr. Appeal (S.J.) No. 554 of 2019].

The counsel for the opposite party, Azeemuddin (APP), stated that the prayer for the bail should not be accepted because unlike the co-accused, the allegations against the appellant are direct. The Counsel requested the Court, in case the sentence is suspended, the appellant should be directed to deposit the fine along with the request that one of the bailors should be his father, pairvikar of the case.

The Court held that the appellant shall be granted the bail as he has already spent 2 years in jail, in connection to this case. Secondly, the appeals for bail of the co-accused have already been granted, hence, the appellant can also be granted bail on similar grounds. Hence, during the pendency of the appeal, the appellant was directed to be released on bail of Rs 25000 with two sureties of Rs 25000 each, one surety being the appellant’s father. The appellant was directed to submit a Xerox copy of his Aadhar Card and cell phone number, at the time of furnishing bail bonds. [Gulab Singh v. State of Jharkhand, Cr. Appeal(S.J.) No. 802 of 2019, decided on 05-12-2019]

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