The applicants have filed successive bail applications under section 439 of the Code of Criminal Procedure, 1973 in connection with the FIR being CR No.I 74/2011 registered with Karjan Police Station for the offences punishable under sections 392, 394, 395, 396, 397, 302, 120[B] and 412 of the Indian Penal Code.
2. Learned advocates for the applicants submit that the co-accused, who is facing serious allegations and also shown in the charge sheet along with applicants, came to be enlarged by a co-ordinate bench, on the ground that no connecting material was brought to the notice of the court and by imposing suitable conditions. It is further submitted that on the ground of parity the applicants may be enlarged on bail, who have not played any role in the commission of alleged crime. It is further submitted that no overt act is attributed to the applicants, who are dealer of scrap and driver respectively. It is further submitted that the applicants are in jail since 01.05.2011 and now the charge sheet is filed. It is further submitted that the applicants will be available during the trial, and therefore, they may be enlarged on bail in exercise of powers under Section 439 of the Code of Criminal Procedure, 1973.
3. Learned APP submits that the applicants are involvement in a heinous crime of committing murder of two persons in gruesome manner. It is further submitted that the way and manner in which the murder of two persons is committed and the mode and method adopted by the accused would reveal a kind of conspiracy for which no role is to be seen and even in absence of actual participation, meeting of mind is sufficient and by filing the charge sheet investigating agency has established prima facie case against the accused. Learned APP further submits that considering the above, the applicants may not be enlarged on bail.
4. Having heard learned advocates for the parties and on perusal of the record of the case, prima facie it is revealed that the applicants conspired with other accused persons and brutally murdered two persons. The punishment for such heinous crime of murder under Section 302 read with other sections of Indian Penal Code is not only life imprisonment but death sentence could also be awarded. Considering the allegations levelled against the applicants and role played by the applicants, I am of the view that the applicants cannot be enlarged on bail even on the ground of parity. No case is made out to exercise powers under Section 439 of the Code of Criminal Procedure, 1973 in favour of the applicants.
In view of the above, both the applications are dismissed.
Rule issued in each of the application stand discharged.
[Anant S. Dave, J.] *pvv Top