AI Overview...
Parity of Procedure
-
Principle of Parity in Bail and Procedure
Courts often grant bail or similar relief based on the principle of parity, especially when co-accused have been granted bail. Several judgments emphasize that if co-accused are released on bail, the applicant should also be entitled to similar relief, provided the facts are comparable. For instance, courts have granted bail to applicants on the ground of parity with co-accused (e.g., ASHISH PATEL Vs State - Allahabad, BHARAT KUMAR SARDARAMJI MALI Vs THE STATE OF MAHARASHTRA - Bombay, Kanhaiya @ Kanha vs The State Of Madhya Pradesh - Madhya Pradesh, Deepak Mehar VS State Of M. P. - Madhya Pradesh). -
Legal Validity of Parity
The apex court and high courts recognize parity as a valid legal principle, aligning with the law and ensuring fairness in judicial proceedings (Louis VS State Of Kerala Represented By Public Prosecutor - Kerala, D. K. JAIN VS DELHI JAL BOARD - Delhi). The courts have also noted that parity should be observed in procedural matters such as bail, anticipatory bail, and other rights, provided the factual matrix is similar. -
Application in Bail and Anticipatory Bail
Several cases demonstrate courts granting bail or anticipatory bail based on parity, especially when co-accused have been granted such relief. The courts consider factors like the duration of custody, the nature of allegations, and the similarity of circumstances (ASHISH PATEL Vs State - Allahabad, ARUN, Versus STATE OF KERALA, - Kerala, Kanhaiya @ Kanha vs The State Of Madhya Pradesh - Madhya Pradesh). -
Cautions and Limitations
While parity is a guiding principle, courts also recognize that each case depends on its facts. The principle does not override the need for proper procedure or the specifics of each case, such as the existence of vacancies or procedural requirements for regularization (Dhiraj VS Zilla Parishad, Chandrapur - Bombay). -
Potential Dangers
The apex court has warned against permitting certain procedures at the prosecution's instance, emphasizing the importance of maintaining procedural fairness and avoiding misuse of the principle of parity (Louis VS State Of Kerala Represented By Public Prosecutor - Kerala, Saroj Kumar VS State Of U. P. Thru. Secy. Deptt. Home, UP Civil Sectt. Up Lko. - Allahabad).
Analysis and Conclusion
The principle of parity plays a crucial role in ensuring fairness and consistency in judicial decisions, particularly concerning bail and procedural rights. Courts frequently rely on parity with co-accused to grant bail or anticipatory bail, provided the circumstances are similar. However, courts also caution against reliance on parity where procedural or factual discrepancies exist. Overall, parity serves as a safeguard against arbitrary or unequal treatment, reinforcing the principle of equality before the law.
Search Results for "Parity of Procedure"
2021 0 Supreme(Ker) 923 • India - Kerala
M.R.ANITHA
of procedure if the accused files such application that also has to be allowed. ... Apex court also had foreseen the danger of such test being permitted at the instance of prosecution since on the principle of parity ... Apex court also had foreseen the danger of such test being permitted at the instance of prosecution since on the principle of parity of procedure if the accused files such application that also has to be allowed. ... Another important consideration is that of ensuring parity between the....
2005 0 Supreme(Del) 700 • India - Delhi
VIKRAMAJIT SEN
The Court found the parity procedure to be in consonance with the law. ... ( 16 ) IT is true that the factual matrix of these cases may be different to that of the case in hand.
• India - Allahabad High Court
KRISHAN PAHAL
Issues: Whether the applicant was entitled to bail on the ground of parity. ... He also argued that co-accused had been granted bail, and he was entitled to bail on the ground of parity. ... BAIL - SECTION 439 OF CODE OF CRIMINAL PROCEDURE - PARITY - CO-ACCUSED GRANTED BAIL - APPLICANT ENTITLED TO BAIL ON GROUND OF ... Bail Application Nos. 43232 of 2021,38361 of 2021, 45891 of 2021 & 45151 of 2021 respectively, therefore, applicant is also entitled to be released on bail on the ground of parity. ... . - 36688 of 202....
• India - Bombay High Court
HON'BLE SHRI JUSTICE VIRENDRASINGH GYANSINGH BISHT
BAIL - SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE - PARITY - APPLICANT ENTITLED TO BAIL ON GROUND OF PARITY AS CO-ACCUSED WITH ... Issues: Whether the applicant was entitled to bail on the ground of parity. ... Ratio Decidendi: The court held that the applicant was entitled to bail on the ground of parity as his co-accused, who had
2024 Supreme(Online)(KER) 6599 • India - High Court of Kerala
MOHAMMED NIAS C.P., J
Issues: Whether the petitioner should be granted anticipatory bail considering the principle of parity. ... CRIMINAL - BAIL - ANTICIPATORY - SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE - CONDITIONS - PARITY - SECTION 341, 324, 308 R ... - IN VIEW OF THE FACT THAT ANTICIPATORY BAIL WAS GRANTED TO THE CO-ACCUSED, THE PETITIONER IS ALSO GRANTED ANTICIPATORY BAIL ON PARITY ... In view of the above and on parity, the first accused is also granted anticipatory bail.
2022 0 Supreme(All) 1260 • India - Allahabad
RAJAN ROY, SANJAY KUMAR PACHORI
Apex court also had foreseen the danger of such test being permitted at the instance of prosecution since on the principle of parity of procedure if the accused files such application that also has to be allowed. ... (II) issue a writ order or direction in the nature of mandamus commanding opposite party no.-4 to obtain viscera analysis report from Forensic Scientfic Laboratory Lucknow pertaining case/ F.I.R. no.86/2022 dated 04.03.2022, U/S 302, 201 ... Another relief has been sought in the nature of mandamus commanding opposite #HL_STA....
2019 0 Supreme(Bom) 1581 • India - Bombay
SUNIL B.SHUKRE, ROHIT B.DEO
Ratio Decidendi: Regularization requires clear vacancies and proper procedure for appointment. ... Finding of the Court: The court rejected the petitioners' claim for regularization, citing lack of clear vacancies and proper procedure ... Regularization - Contractual Drivers - 2004-05 - Standing Committee Resolution - Conditions for Regularization - Pay Parity - ... These conditions require that there must be in existence vacancy in permanent post and the appointment to be regularized must have been made by following proper pr....
2018 0 Supreme(Gau) 385 • India - Gauhati
ACHINTYA MALLA BUJOR BARUA
However, it is provided that whichever procedure the respondent intends to take, i.e. providing a realistic opportunity of promotional avenue or going for the procedure of bringing in pay parity, the same be done within a period of six weeks from the date of receipt of the certified copy of the order ... is required to be brought in , it would be open for the department to take recourse to such procedure. ... But again such recommendation depend upon the acceptance by the government authorities and the recommendation of ....
2024 Supreme(Online)(MP) 7825 • India - High Court of Madhya Pradesh
SHRI JUSTICE PREM NARAYAN SINGH, J
misappropriation - Allegations based on statements under Section 27 of the Evidence Act - Co-accused granted bail, establishing parity ... ... ... Findings of Court: ... The court found sufficient grounds to grant bail based on parity with co-accused and the duration ... ... ... Ratio Decidendi: The court ruled that the applicant's parity with the co-accused and the lengthy custody period justified ... Main accused Nilesh has already been granted bail by this Court and the applicant is having complete parity with co....
2016 0 Supreme(MP) 1114 • India - Madhya Pradesh
S.K.GANGELE
sections 302, 34 of Indian Penal Code and section 25/27 of the Arms Act - The court granted bail to the applicant based on the parity ... Finding of the Court: The court granted bail to the applicant based on the parity between the present applicant and ... Ratio Decidendi: The court deemed it proper to grant bail to the applicant based on the parity between the present applicant ... Prima-facie there appears to be parity between the present applicants and co-accused hence, the application is allowed. 5.
Filter by Legal Phrase
