Bail – Grant of, on parity – When not justified – Penal Code, 1860 – ss.147, 148, 149, 302, 352 and 34 – Held: When the bail granted to co-accused person has been disapproved by Supreme Court and such grant of bail to co-accused had been the only reason for which the bail was granted to the respondent no.2, the impugned order is liable to be set aside– In the said case, the High Court had proceeded in a rather cursory manner and without regard to the salient feature of the case at hand, being that of gruesome daylight murder of the son of the appellant with 8 grievous injuries, including those of incise wounds and stab wounds on and around the neck and the chest – Impugned order equally suffers from the shortcoming that the relevant features of the case have not at all been considered by the High Court – Respondent no.2 has been specifically named in the FIR as one of the assailants and looking to the nature of the accusations and the nature of injuries, the prosecution case prima facie cannot be dubbed as fanciful or improbable – Impugned order set aside – Respondent no.2 to surrender – If he applies for bail afresh after surrendering and at an appropriate stage, such an application may be considered on its own merits.
Mahipal vs Rajesh Kumar (2020) 2 SCC 118 : [2019]
14 SCR 529 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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