Case Note & Summary
The case involved a batch of five Special Leave Petitions (SLPs) arising from the Allahabad High Court's orders granting bail to five respondent-accused in a murder case. The appellant, Girraj, was the father of two sons, Gajendra and Akash, who were killed on 29 November 2019 during an incident involving the accused. The FIR was lodged on 30 November 2019, citing enmity due to party politics and detailing prior assaults on the appellant's sons by the accused. The High Court granted bail to the accused based on the principle of parity, referencing an earlier bail granted to co-accused Narendra. However, the Supreme Court later set aside the bail granted to Narendra, citing serious allegations and the nature of the offences involved. The court noted that the High Court had failed to consider the gravity of the situation and the specific allegations against the accused. The Supreme Court ultimately cancelled the bail of the five respondent-accused, allowing them to apply for bail afresh upon surrendering. The decision underscored the importance of the seriousness of the offences and the proper exercise of discretion in bail matters.
Headnote
A) Criminal Law - Bail Cancellation - Parity Principle - Criminal Procedure Code, 1973, Section 439 - The Supreme Court held that the bail granted to the respondent-accused must be cancelled following the cancellation of bail to co-accused Narendra, as the respondents sought bail on the basis of parity. The court emphasized the serious nature of the offences and the implications of unlawful assembly in the context of the case (Paras 18-19).
Issue of Consideration
Whether the bail granted to the respondent-accused should be cancelled based on the cancellation of bail to a co-accused.
Final Decision
The Supreme Court cancelled the bail granted to the five respondent-accused, Kiranpal, Sundar, Rakesh, Satish, and Dharmendra, based on the cancellation of bail to co-accused Narendra. The court directed the respondents to surrender and granted them liberty to apply for bail afresh upon surrendering within 24 hours.
Law Points
- Bail cancellation
- parity principle
- serious offences
- unlawful assembly
- discretion under Section 439 CrPC
