IMTIYAZ Vs. STATE OF CG

JUDGEMENT

(1.) HEARD on M.Cr.C.No.2085/2006 filed under Section 439 Cr.P.C. pertains to Crime No.57/2006 of Police Station Churcha, Dist. Korea for offence punishable under Section 302/34 I.P.C. Briefly stated the prosecution story is that one Kamrudding suffering from mental illness was found in an injured condition in a drain. On being taken to hospital he died on the same day i.e. 23.2.2006. Investigation revealed that Kamruddin who was suffering from mental sickness had created serious disturbance at a place of function where the applicant had set the Pandal for preparation of a birthday function. Investigation further revealed that kamruddin had attempted to set the Pandal on fire and started breaking tube lights also. While he was interrupted by the applicant-Imtiyaz, Kamruddin attacked him by a club. It appears thereafter the applicant and other persons pelted broken bricks which injured kamruddin who died subsequently on 23.3.2006. Shri Prakash Tiwari, learned counsel for the applicant contended that co- accused Kanhaiya was grated bail in M.Cr.C.No. 1446/2006 vide order dated 29.6.2006 and co-accused Shiv Kumar was also granted bail in M.Cr.C.No. 1622/ 2006 vide order dated 27.7.2006. It was urged that another co-accused Subodh Kumar has also been granted bail for the aforesaid offence. It was also urged that - on ground of parity, the applicant is entitled to be released on bail. Shri A.S.Kachhawaha, G.A. submitted that the case of the applicant is similar to the case of the other co-accused who have been granted bail. In view of the submission made above, the applicant is, on ground of parity, also entitled to be released on bail. Accordingly, M.Cr.C.No.2085/2006 is allowed. If the applicant furnishes a personal bond of Rs. 15,000/- along with solvent surety in like amount to the satisfaction of the learned trial Judge for his regular appearance during trial as and when directed, he shall be released on bail. Bail Granted.