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ALLAHABAD HC: BAIL CAN'T BE GRANTED ON PARITY WHEN CITED ORDER IS NON-SPEAKING

Team SoOLEGAL 2 Jul 2022 12:39pm

ALLAHABAD HC: BAIL CAN'T BE GRANTED ON PARITY WHEN CITED ORDER IS NON-SPEAKING

New Delhi:The Allahabad High Court ruled that an accused cannot claim parity when the bail order of a similarly placed co-accused is devoid of reasoning.

In this opinion, the single-judge Bench of Justice Sameer Jain denied bail to an accused in a murder case charged under Sections 302 and 120B of the IPC.

The applicant was the deceased's cousin brother. He and his parents were charged with murder after it was claimed that they set fire to the informant's sister, who later died because of her injuries.

In her dying declaration, she stated that applicant, his parents, and applicant's brother dragged her into their home and set her ablaze with kerosine oil.

The applicant's learned counsel contended that the entire allegation was completely baseless and false. Among other things, he claimed that the applicant's mother, father, and brother had already been granted bail by the co-ordinate Bench and that the allegation against the applicant being at par with those accused persons, the applicant was also entitled to bail on the basis of parity.

After thoroughly evaluating their bail orders, the Court concluded that they were released on bail solely based on the argument advanced by learned counsel for the co-accused persons.

In response, the Court cited a Supreme Court ruling in Birjmani Devi vs. Pappu Kumar and another where the bail was revoked, stating that while elaborating reasons may not be assigned for grant of bail, an order devoid of reasoning or devoid of the relevant reasons cannot result in grant of bail. It would only be a non-speaking order, which would be a violation of natural justice principles.

The Court also cited other rulings along similar lines, such as Sunder Lal vs. State of Rajasthan, , and stated that parity cannot be the sole criterion for granting bail and that if bail is granted to similarly placed co-accused persons without assigning any reasons, the bail application should not be allowed on the basis of such bail orders merely on the basis of parity, and parity can only be persuasive but not binding.

 Further it was stated that, “in the present case, in the dying declaration of the deceased, there is specific allegation against the applicant that he along with co-accused persons dragged the deceased in his house and poured kerosene oil on her and when she tried to manage to escape then after chasing her applicant and co-accused persons ablazed her and post mortem report of the deceased further shows that she died due to ante mortem burn injuries and co-accused persons who were although released on bail by co-ordinate Bench of this Court but their bail orders shows that they were released on bail merely on the basis of the argument advanced by their respective counsels without assigning any reasons, therefore, in my view, it is not a fit case in which applicant can either be released on bail on merit or on the ground of parity."



Tagged: Allahabad High Court  
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