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SUPREME COURT OF INDIA
B.R. GAVAI, C.T. RAVIKUMAR, SANJAY KUMAR, JJ.
Sajid - Petitioner
Versus
State Of U.P. – Respondent
Petition(s) for Special Leave to Appeal (Crl.) No(s). 7203 Of 2023 With SLP(Crl) No. 7023 Of 2023 (II)
Decided On : 31-07-2023
| Table of Content |
|---|
| 1. petition for bail. (Para 1) |
| 2. opposition by state to bail petitions. (Para 2) |
| 3. delay in trial affects bail considerations. (Para 3 , 4) |
| 4. granting bail based on parity. (Para 5 , 6) |
| 5. need for consistency in bail decisions. (Para 7 , 8 , 9) |
| 6. disposition of special leave petitions. (Para 10 , 11) |
ORDER :
1. These are the petitions seeking bail.
2. Learned counsel for the respondent/State vehemently opposes these petitions.
3. However, we have perused the orders passed by the another learned Judge of the very same High Court, wherein co-accused has been already released on bail.
4. Though vide order dated 06.12.2022, the High Court has directed that the trial be concluded within three months but a period of almost eight months has lapsed thereafter, trial has not been concluded.
5. In that view of the matter and on the ground of parity, we are inclined to grant bail to the petitioners.
6. The petitioners are, therefore, directed to be released on bail in connection with FIR No.93/2017 registered with P.S. Kharkhuda, to the satisfaction of the Trial Court.
7. We have come across various matters from the High Court of Allahabad, wherein matters arising out of the same FIR are placed before different Judges. This leads to anomalous situation. Inasmuch as some of the learned Judges grant bail and some other Judges refuse to grant bail, even when the role attributed to the applicants is almost similar.
8. We find that it will be appropriate that all the matters pertaining to one FIR are listed before the same Judge so that there is consistency in the orders passed.
9. The Registrar (Judicial) of the Registry of this Court is directed to communicate this order to the Registrar (Judicial) of the High Court of Allahabad, who is directed to place the same before the Hon’ble the Chief Justice of High Court of Judicature at Allahabad for his consideration.
10. The special leave petitions are, accordingly, disposed of.
11. Pending application(s), if any, shall stand disposed of.
AI
Bail applications – All matters pertaining to one FIR are to be listed before same Judge so that there is consistency in orders passed – In all circumstances co-accused in such cases are not invariab....
Bail application – If in a particular High Court, bail applications are assigned to different single Judge/Bench, in that event, all applications arising out of same FIR should be placed before one J....
All bail applications arising from the same FIR must be assigned to one judge to ensure consistency in judicial decisions.
Revisiting the practice of listing bail applications before the High Court to avoid disparity in passing orders and implementing suggestions for better administration of justice, especially when the ....
The ground of parity for granting bail must be valid and applicable, as indicated by previous judgments.
Bail cannot be granted solely on ground of parity without considering relevant features of case.
Bail – To deny bail to a person for fault of Counsel who does not argue, accused having nothing to gain, would be a parity of justice.
The principle of parity in bail applications mandates that co-accused in similar circumstances should be treated alike, ensuring consistency in judicial decisions.
Grant of bail – Ordinarily, in serious offences, once trial commences and prosecution starts examining its witnesses, Court should be loath in entertaining bail application of accused – Once trial co....
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