Case Note & Summary
The applicant, Kiran Kumar Kanhyalal Khadra (accused No.2), was arrested in connection with C.R. No.176 of 2010 registered at L.T. Marg Police Station for offences under Sections 489-A, 489-B, and 489-C of the Indian Penal Code (IPC) relating to counterfeit currency notes. The first accused, Assabul Masakalin Shaikh, had been granted bail by a Single Bench of the Bombay High Court on 22nd October 2010 in Criminal Application No.4744 of 2010, on the ground that the only offence made out was under Section 489-C IPC, which is bailable. The applicant filed Criminal Application No.5343 of 2010 seeking bail on the principle of parity. However, the Single Bench hearing the application on 2nd December 2010 did not agree with the view taken in the earlier order and referred the matter to a Division Bench. The Division Bench, after hearing the counsel for the applicant and the State, noted that the earlier order had held that the offence under Section 489-C IPC is bailable. Applying the principle of parity, the court found no reason to deny bail to the applicant. The court allowed the application and directed that the applicant be released on bail on such terms and conditions as the trial court may impose.
Headnote
A) Criminal Law - Bail - Parity - Section 489-C Indian Penal Code, 1860 - Accused No.2 sought bail on parity with accused No.1 who was granted bail on the ground that the offence under Section 489-C IPC is bailable - The Single Bench hearing the application did not agree with the earlier view and referred the matter to a Division Bench - The Division Bench, after hearing, granted bail to accused No.2 following the principle of parity - Held that where co-accused has been granted bail on a particular ground, the same ground applies to another similarly placed accused (Paras 1-4).
Issue of Consideration
Whether the applicant (accused No.2) is entitled to bail on the ground of parity with accused No.1, who was granted bail on the basis that the offence under Section 489-C IPC is bailable.
Final Decision
The application is allowed. The applicant be released on bail on such terms and conditions as the trial court may impose.
Law Points
- Bail
- Parity
- Bailable Offence
- Section 489-C IPC
- Counterfeit Currency
