Bail granted to a history sheeter on grounds of parity cancelled!

In a case, where a co-accused has been granted bail, the other co-accused can’t be granted bail on the ground of parity if he/she is a history sheeter (person with criminal record). This inference has been drawn from a Judgement of The Hon’ble Supreme Court.

The Hon’ble Supreme Court in the matter of Neeru Yadav v. State of U.P and Anr. (Copy of Judgement) held that when a stand has been taken that an accused is a history sheeter, it shall be imperative on the part of the High Court to scrutinize every aspect and not capriciously record that the accused is entitled to be admitted to bail on the ground of parity.  (Para 17)

The Hon’ble Apex Court referred to the impugned order passed by the High Court of judicature at Allahabad as one which clearly exposed the non-application of mind. Furthermore, the Hon’ble Apex Court while setting aside the bail order, stated that bail to a history sheeter would tantamount to travesty of justice. (Para 17)

Thedictum in Prasanta Kumar Sarkar v. Ashis Chatterjee [(2010) 14 SCC 496) was referred toby the Hon’ble Apex Court wherein it was held that normally the Supreme Court does not interfere with the order passed by the High Court when a bail application is allowed or declined, but the High Court has a duty to exercise its discretion cautiously and strictly. (Para 12)

The Hon’ble Supreme Court also enunciated that It was well settled in law that cancellation of bail after it is granted because the accused had misconducted himself or of some supervening circumstances warranting such cancellation have occurred is in a different compartment and an order granting bail which is unjustified, illegal and perverse is in a different compartment altogether.  (Para 13)

It was also stated that if in a case, the relevant factors which should have had been taken into consideration while dealing with the application for bail have not been taken note of while granting bail or if the bail is founded on irrelevant considerations, indisputably the superior court can set aside the order of such a grant of bail. (Para 13)

-Tushar Kaushik

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