2017 CRI. L. J. 3159 ::(2017) 3 CurCriR 404

Karnataka High Court

Hon'ble Judge(s): Aravind Kumar , J

(A) Criminal P.C. (2 of 1974) , S.438— Grant of anticipatory bail - Law of parity - Applicability - Applicable in granting bail to accused, where co-accused has been granted bail on similar set of circumstances - It cannot be sole criteria for granting bail to another accused if they are standing on different footings. Law of parity would be applied in granting bail to accused, where co-accused has been granted bail on similar set of circumstances. Law of parity is desirable rule where case of accused is identical with co-accused, who is already enlarged on bail. Simply because @page-CriLJ3160 co-accused has been granted bail, it cannot be sole criteria for granting bail to another accused if they are standing on different footings. Parity cannot be sole ground for granting bail and if on scrutiny and examination of records in given case, it transpires that case of petitioner before Court is identically similar to accused, who has already been granted bail, then it would be desirable that petitioner should also be enlarged on bail. However, if material placed by prosecution and further developments in investigation unravelling changed circumstances, this aspect also requires to be taken into consideration and in such circumstances principle of parity as universal application or straight jacket formula cannot be ap....