Sabita Paul vs State Of West Bengal 2024 INSC 245 – Anticipatory Bail – Parity

Code Of Criminal Procedure, 1973; Section 438 – Anticipatory Bail – Grant of bail based on parity is not a claim of right – While applying this principle of parity, the Court is required to focus on the role attached to the accused whose application is under consideration – Referred to Tarun Kumar v. Assistant Director Directorate of Enforcement – [In this case, prime accused was granted bail and the role played by the mother accused was only to further the alleged acts of her son and she has not acted independently, to further aggravate the situation – So court confirmed anticipatory bail granted to her]

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