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The Karnataka High Court has stated that an accused’s plea for bail  based on the principle of parity is not obligatory for the court,  emphasizing that each offense should be considered individually. 

In a recent development, a single-judge bench led by Justice M  Nagaprasanna rejected the second bail application of Almas Pasha,  charged under section 302 IPC. The judge emphasized crucial factors in  bail considerations, including the gravity of the accusation, potential  danger of the accused fleeing, and the nature of the offense. The ruling  highlighted the oversight of the accused’s criminal history by the High  Court, emphasizing the need for judicious discretion in such cases. The  court set aside the High Court’s order, stating that the accused should  be taken into custody immediately if at large. The decision clarified that  it did not express opinions on other cases and emphasized its purpose  to annul the bail order. The petitioner’s argument for bail based on  parity with other accused was deemed unacceptable, with the court  rejecting the plea due to the chilling effect of the petitioner’s individual  actions. The court also dismissed claims related to the petitioner’s  father’s medical condition as a pretext for bail. Despite the rejection,  the petitioner retains the option to seek bail based on changed  circumstances in the future.


Written by Samruddhi Kulkarni from ILS Law College pune, intern under legal vidhiya.

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