Case Of Parity - Role Attributed To Accused, Relation To Incident And Victim Is Of Utmost Importance - Delhi HC
The Delhi High Court has held that the role attributed to the accused, their position in relation to the incident and to the victim is important while deciding cases of parity.
In this context, the Court held- "In deciding the case of parity, the role attributed to the accused, their position in relation to the incident and to the victim is of utmost importance."
The Single Bench of Justice Anoop Kumar Mendiratta was hearing a plea seeking regular bail on parity.
As per the case of the prosecution, a call was made to the Police regarding robbery at gunpoint. The complainant had informed that 3 boys entered into the office and robbed an amount of Rs.9,98,170/- from Mannapuram Finance Ltd. with the help of gun and knife and thereafter fled from the spot.
APP, M.P. Singh, submitted that three accused persons were arrested during investigation and Rs.5 lakh was recovered along with a toy gun from the petitioner. An amount of Rs. 2.5 lakh and Rs. 2.4 lakh along with country made pistols were recovered from the possession of other two accused persons.
Advocate Joginder Tuli appearing for the petitioner submitted that other two accused persons were granted bail by the Trial Court therefore claimed bail on parity for the petitioner.
APP, M.P. Singh, opposed this plea and submitted that petitioner's role was distinct from the other accused persons since the petitioner was the mastermind. He further contended that a major portion of the recovery was stated to have been recovered at the instance of the petitioner.
The Court observed that a day-light robbery was committed at Mannapuram Finance Ltd. and a substantial amount was recovered from the petitioner, who was the mastermind.
Accordingly, the Court noted that the case was not fit for grant of bail and accordingly dismissed the bail plea.