1 This successive application is filed under Section 439 of the Code of Criminal Procedure in connection with with first information report registered at C.R.No.I-50 of 2011 with Tharad police station for the offences punishable under Sections 302, 392, 201, 394 and 120B of the Indian Penal Code.
2 On 10th May 2012, this Court has passed an order rejecting the bail application of the applicant, being Criminal Misc. Application No.5125 of 2012, which reads under:
"This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at C.R.No.I-50 of 2011 with Tharad police station for the offences punishable under Sections 302, 392, 201, 394 and 120B of the Indian Penal Code.
Having heard learned counsel for the parties and on perusal of the record, and considering nature of allegations levelled and involvement of gruesome killing of two persons against the applicant and prima-facie involvement of the applicant in respect of the offences punishable under 302, 392, 201, 394 and 120B of the Indian Penal Code, no bail can be granted in favour of the applicant, where, if convicted, the convict shall be punished with death or imprisonment for life, as the case may be. Further, on the ground of grant of bail to the co-accused involved in a heinous crime like this, no parity can be extended to the applicant. The arguments advanced by the learned counsel for the applicant are in the realm of evidence to be appreciated by the trial court at the trial.
Rejected.
Rule is discharged."
3 Considering nature of allegations levelled against the applicant and prima-facie involvement of the applicant, more particularly when there is no change in facts, circumstances or law, no bail can be granted in favour of the applicant.
This application is rejected.
(Anant S. Dave, J.) (swamy) Top