1991 (9) TMI 369

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....hat the case of the present applicant is identical to that of the co-accused Chandra Pal and on the ground of parity, the applicant should also be granted bail. 3. On behalf of the complainant as well as the State, it has been asserted that after the rejection of the first bail application moved by the present applicant, one application by another co-accused was rejected by Hon'ble Mr. Justice K.K. Chaubey and this fact was not brought to the notice of Hon'ble Mr. Justice N.L. Ganguli when the bail application of co-accused Chandra Pal was allowed. It is contended that in such circumstances, the ground of parity will not be available to the present applicant. On behalf of the State and the complainant, however, it has not been de....

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....r, subsequently co-accused Virendra Singh was granted bail by Hon'ble Mr. Justice K.K. Chaubey, the applicant then moved second bail application which was allowed by Hon'ble G.P. Mathur, J. on the ground of parity though the Hon'ble Judge clearly mentioned that he was still of the opinion that the applicant was not entitled to the privilege of bail, but however, as his case was not distinguishable on facts from the case of Virendra Singh, Co-accused, it would not be proper to keep the applicant in jail when co-accused, who was similarly situated, had been released on bail. Thus, in this case, the bail was allowed only on the ground of parity. 5. The learned counsel for the applicant also referred to the decision in the case A....