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SUPREME COURT OF INDIA
M.R. Shah, Krishna Murari, JJ.
Manno Lal Jaiswal – Appellant
Versus
The State of Uttar Pradesh & Anr. – Respondents
Criminal Appeal No. 1580 of 2022
Decided On : 21-09-2022
Bail - Criminal Appeal - IPC 147, 148, 149, 323, 504, 302, 307, 34 - Summary
Fact of the Case:
The appellant challenged the High Court's decision to release the accused on bail, citing previous judgments by the Supreme Court that set aside similar bail orders for co-accused.
Finding of the Court:
The court found that the ground of parity for granting bail to the accused was not valid, based on previous judgments by the Supreme Court.
Issues: Validity of bail granted based on parity with co-accused
Ratio Decidendi: The court's decision was influenced by previous judgments setting aside bail orders for co-accused, indicating that the ground of parity was not applicable.
Final Decision: The appeal was allowed, and the High Court's order granting bail to the accused was quashed and set aside.
ORDER
M.R. Shah, J. - Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.08.2021 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Bail Application No. 37633/2020, by which the High Court has released respondent No.2 - accused on bail in connection with case Crime No.203/2019 for the offences punishable under Sections 147, 148, 149, 323, 504, 302, 307 and 34 of the IPC, Police Station Barhaj, District Deoria, Uttar Pradesh, the original informant/complainant - father of the deceased has preferred the present appeal.
2. We have heard Shri Varinder Kumar Sharma, learned counsel appearing on behalf of the appellant and Shri Abdul Qadir Abbasi, learned counsel appearing on behalf of respondent No.2 - accused.
At the outset, it is required to be noted that by the impugned judgment and order, the High Court has directed to release respondent No.2 - accused on bail on the ground of parity as other co-accused were released on bail. However, it is required to the noted that with respect to very crime case, with respect to other co-accused who were also released on bail by the High Court, by a detailed judgment and order dated 25.01.2022 passed in Criminal Appeal No. 97 of 2022, this Court has set aside the order(s) passed by the High Court releasing the co-accused on bail. Even subsequently in the case of one another co-accused, this Court vide order dated 31.01.2022 passed in Criminal Appeal No. 145 of 2022 has set aside the order passed by the High Court releasing the co-accused on bail. Therefore, the ground on which the High Court has released respondent No.2 on bail, namely, parity shall not be available.
3. In view of the above and for the reasons stated in the judgment and order dated 25.01.2022 passed in Criminal Appeal No. 97 of 2022 as well as the subsequent judgment and order passed by this Court dated 31.01.2022 in Criminal Appeal No. 145/2022, the present appeal also deserves to be allowed and the impugned order passed by the High Court releasing respondent No.2 on bail deserves to be quashed and set aside.
4. Accordingly, the present appeal is allowed. The impugned judgment and order dated 24.08.2021 passed by the High Court in Criminal Miscellaneous Bail Application No. 37633/2020 releasing respondent No.2 - accused on bail is hereby quashed and set aside. Now the accused - Bittu @ Ijharul Huq, respondent No.2 herein shall surrender forthwith. That the observations made in the present order be confined for the purpose of deciding the bail only and the learned trial Court shall proceed with the trial of the case and decide the same on its own merits in accordance with law and on the basis of the evidence led by both sides.
The ground of parity for granting bail must be valid and applicable, as indicated by previous judgments.
Bail – Parity is not the sole ground on which bail can be granted – Court, while granting bail, has to consider a number of aspects – While utilizing parity as a ground for bail, same must focus on r....
Bail cannot be granted solely on ground of parity without considering relevant features of case.
Bail granted without considering seriousness and gravity of offence is liable to be cancelled.
The Principle of Parity in bail applications requires careful consideration of the specific roles and allegations against the accused, rather than a simplistic comparison with co-accused.
Court granting bail cannot obviate its duty to apply judicial mind and to record reasons, brief as they may be, for the purpose of deciding whether or not to grant bail.
While granting bail, relevant considerations are nature of seriousness of offence; character of evidence and circumstances which are peculiar to accused and likelihood of accused fleeing from justice....
The principle of parity in bail applications requires careful consideration of the accused's specific role and circumstances, rather than being an absolute basis for granting bail.
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