Respected sir/madam "in our case chargesheet is submitted by the respondent u/s 120b r/w420 of ipc and p.c act and a bail u/s 438 crpc is granted to one of the co-accused by the high court whereas our application u/s 438 crpc is rejected by the high court but a different judge. My question is: is it possible for us to file a second application for anticipatory bail by attaching the co-accused's granted bail order before the same court? Please guide.
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
Yes,
you can file second application u/s 438 CRPC before the same judge who have granted bail to other co accused on the ground that the matter is identical. As in Minnakashi Mill matter( AIR 1955-SC- 13) 7 Judges Constitutional Bench had held that all litigants similarly situated are entitled to avail themselves of the same procedural rights for relief, and for defence with like protection and without discrimination.
it is always better to file a application in front of the judge who has given relief to other co accused ,rather then in other judge court,as the ground for parity will be available in the court who has granted bail
A second application can always be filed before the court. All those persons who are similarly situated in so far as the factual matrix of the case is concerned are entitled to the same relief as is given to any one of the accused by the court.
If the Co-Accused are accused of the same offences if one is granted bail the other will also be granted bail on the ground of parity i.e., standing in the same footing. Please also see is there any medical records are given by the co-accused at the time of filing bail or if she is a lady she comes under the exemption of 437 as she is a women. you can also file memo to hear before the same judge as the facts of the case is already heard by the said judge.
