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B. R. GAVAI, C. T. RAVIKUMAR, SANJAY KUMAR
Sajid – Appellant
Versus
State Of U. P. – Respondent
| 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 :
2. Learned counsel for the respondent/State vehemently opposes these petitions.
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.
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.
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.
10. The special leave petitions are, accordingly, disposed of.
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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