Parity in Bail - The Legal Chamber

This Supreme Court judgment establishes that parity cannot be the sole ground for granting bail; it must focus on the accused's specific role. Bail orders must contain reasons, reflecting application of mind to relevant factors like offence gravity. Granting bail solely based on another accused's release, without considering role distinction, renders the order legally unsustainable. Facts Of The Case: The factual matrix of this case originates from a First Information Report (FIR) lodged on 22nd April 2024, alleging the murder of the deceased, Sonveer. According to the complainant, Sonveer, along with his brothers Sagar (the appellant) and Pramod, were en route to their fields on a motorcycle when they were confronted by a group of six individuals, including the respondents Rajveer...

The Supreme Court held that the High Court erred in granting bail without properly considering the absence of "new circumstances" as mandated by the Court's earlier judgment cancelling bail. The impugned order lacked cogent reasoning, relied on irrelevant factors like jail overcrowding, and failed to accord due deference to the Supreme Court's previous decision, warranting its quashing. Facts Of The Case: The case involves an appeal by the informant, Ajwar, against an order of the Allahabad High Court granting bail to the accused, Waseem. Waseem was charged under various sections of the IPC, including Section 302 (murder). His bail was initially granted by the High Court in 2022 but was cancelled by the Supreme Court. A subsequent grant of bail by the High Court was again cancelled by th...

Tag: Parity in Bail

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