Supreme Court Upholds Principle of Judicial Consistency, Cancels Bail Granted on Parity Basis - 2025-03-17

Supreme Court Rejects 'Parity' as Sole Ground for Bail, Orders Accused to Surrender

New Delhi, India – The Supreme Court of India has set aside a bail order granted by the Allahabad High Court to an accused, Bittu @ Ijharul Huq, in a case related to serious offenses including murder. The apex court's decision, delivered by Justice M.R. Shah , emphasized that bail granted solely on the ground of 'parity' is unsustainable, especially when the premise for such parity has been invalidated in prior rulings by the same court.

Case Background

The appeal before the Supreme Court arose from a bail order issued by the Allahabad High Court on August 24, 2021. The High Court had granted bail to Bittu @ Ijharul Huq, accused in Crime No. 203/2019 registered at Police Station Barhaj, District Deoria, Uttar Pradesh. The charges against the accused included Sections 147, 148, 149, 323, 504, 302, 307, and 34 of the Indian Penal Code (IPC), encompassing offenses like rioting, unlawful assembly, assault, intentional insult, murder, and attempt to murder.

The High Court's decision to grant bail was primarily based on the principle of parity, as other co-accused in the same case had previously been granted bail. However, this rationale was challenged before the Supreme Court by the original complainant – the father of the deceased.

Supreme Court's Reasoning

Justice M.R. Shah , presiding over the matter, highlighted a critical flaw in the High Court's approach. The Supreme Court had, in earlier instances concerning the very same crime case, already overturned bail orders granted to other co-accused by the Allahabad High Court on the same ground of parity.

Referencing its judgments dated January 25, 2022, in Criminal Appeal No. 97 of 2022, and January 31, 2022, in Criminal Appeal No. 145 of 2022, the Supreme Court pointed out that it had explicitly set aside similar parity-based bail orders. The judgment stated:

"Therefore, the ground on which the High Court has released respondent No.2 on bail, namely, parity shall not be available."

The Court underscored the importance of judicial consistency and the binding nature of its previous rulings. It reasoned that if the foundation for parity (i.e., bail granted to other co-accused) had been removed by the Supreme Court itself, then relying on parity as a ground for granting further bail was inherently flawed.

Decision and Implications

Consequently, the Supreme Court allowed the appeal, explicitly quashing and setting aside the Allahabad High Court's bail order dated August 24, 2021. The order directed the accused, Bittu @ Ijharul Huq, to surrender forthwith.

"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."

The Supreme Court clarified that its observations were limited to the bail proceedings, and directed the trial court to proceed with the case and decide it on its own merits, based on the evidence presented by both sides, independently of the bail considerations.

This judgment reinforces the principle that while parity can be a relevant consideration in bail matters, it cannot be the sole and overriding factor, particularly when the basis for parity has been undermined by superior court decisions in the same case. The ruling serves as a reminder of the hierarchical structure of the judiciary and the necessity for lower courts to adhere to the precedents set by higher courts, ensuring consistency and predictability in the administration of justice.