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Judgment
K.T. Thomas and D.P. Mohapatra, JJ.—Leave granted.
Petitioner is one of the accused in a case involving Section 302, read with Section 34 of the Indian Penal Code. As per the averments contained in the F.I.R., the main role has been attributed to Dharam Pal, advocate. It is an admitted fact that High Court has granted bail to Dharam Pal, advocate. Besides that, Dharam Pal's son, Vijay Pal, was also released on bail by the High Court. Though this has been raised as a ground before the High Court, learned single Judge was not persuaded to grant bail to this Appellant on the following reasoning: "Looking to the averments made and statement of eye-witness, no case is made out for the grant of bail to the Petitioner."
For the purpose of this bail matter, we are unable to treat this Appellant in a worse position than Dharam Pal who is attributed with the major role by the person who lodged the F.I.R. and who himself was an eye-witness.
We, therefore, order the Appellant to be released on bail on executing a bond with two solvent sureties to the satisfaction of the District and Sessions Judge, Jhunjhunu, Rajasthan. It is open to the Sessions Judge to impose any other condition which he deems fit.
The appeal is disposed of.