contra, learned counsel for the petitioner submits that the
concept of negative parity is not recognized in bail jurisdiction.
The case-diary reflects that
years.
Learned counsel for the petitioner has raised ground of
parity by citing case of Kashmir Singh who has since been
released before completing ... State of M.P. & ors.)
does not recognize negative parity and therefore even if the
State has wrongly/prematurely granted remission to the said
learned Senior Counsels for the appellant seeking parity
but such submission has been sought to be negated by the learned
ASGI while referring
order can never form the basis for a claim of
parity. Parity is considered as one of the grounds but cannot be
the sole ground ... such a stage
accepting the plea of parity would be prejudicial to the interest of
law, a negation of rule of law and it will
well-settled in law that ground of parity can be used in
affirmative but not in negative. In the present case, we find
that
this court. Counsel for the petitioner claims on the
grounds of parity and does not press on merits.
4. State counsel does not dispute ... allegations against the petitioner are that he issued a fake COVID negative
report as a result of which the entire family of complainant got infected
order
dated 14.09.2021, the petitioner is also entitle for
7
benefit of parity has to be enlarged on bail. He further
submitted that, the accused ... bail on the ground of
parity?"
9. My answer to the above point is in the
'Negative' for the following :
: REASONS
individual” within
the contemplation of the preamble to the Constitution. On parity of
reasoning, it cannot be said that death penalty for the offence ... down
standards or norms for sentencing and answered the same in the negative by
giving the following reasons:
“Firstly, there is little agreement among penologists
enforce the Act, s. 11 is useless. I do not
think that negative words are required to
exclude proceedings by persons other than sea-fishery ... enabling him to sue
would be unnecessary and useless."
On a parity of reasoning, if anybody can institute a legal
proceeding under the Calcutta
positive and the negative. It positively conferred power on Special Judge to take cognizance of offences and it negatively removed any concept of commitment ... will render the safeguard under Section 5-A illusory.
18. On a parity of reasoning it has to be equally held here that
