The Supreme Court has voiced its apprehension over the failure of High Courts to consolidate bail applications arising from the same First Information Report (FIR) under a single bench, despite repeated directives. The bench, comprising Justices CT Ravikumar and Sanjay Kumar, underscored the necessity of listing bail applications related to a common FIR before a unified bench to prevent contradictory decisions, particularly when the grounds for seeking bail hinge on parity.
In its order, the bench expressed concern over the non-compliance with previous directives, emphasizing the need for procedural consistency. The court highlighted the potential for conflicting decisions to arise when bail applications from the same FIR are dispersed across different benches. This concern was encapsulated in the order, stating, "We have to reiterate the concern of this Court on the lethargy in following the earlier orders in the matter of dealing with bail applications arising out of the same FIR to avoid conflicting decisions."
The bench further clarified that the call for parity does not imply an automatic entitlement in all circumstances for all co-accused individuals. The determination of parity, the bench emphasized, is contingent on a thorough examination of various relevant facts and factors in each case. The order sought to strike a balance between the need for uniformity in decisions related to the same FIR and the recognition that the entitlement to parity must be assessed on a case-by-case basis.
Highlighting a specific instance, the order referred to a situation observed by a three-judge Bench on July 31, 2023, concerning the listing of bail matters related to the same FIR before different judges in the Allahabad High Court. The bench found this practice to be problematic, leading to an anomalous situation where different judges reached divergent decisions even when the roles attributed to the applicants were nearly identical. The Supreme Court directed the Allahabad High Court to rectify this anomaly by ensuring that all matters pertaining to one FIR are listed before the same judge to maintain consistency in the orders passed.
Addressing the recurrent pattern observed across various High Courts, the Supreme Court issued a directive to the Registrar (Judicial) of its own Registry. The Registrar was tasked with communicating the order, along with a copy of the order dated July 31, 2023, in SLP (Crl.) No.7203 of 2023, to the Registrar (Judicial) of all High Courts. The High Courts were instructed to place the orders before the respective Chief Justices for immediate consideration and implementation.
The case in question involved a petitioner who found himself implicated in an FIR where the co-accused had been granted bail by a Coordinate Bench of the Rajasthan High Court. However, the Bench in Jaipur had rejected the petitioner's bail application, despite claims of grounds for parity. The petitioner, seeking consistency in the decisions of different benches, raised the issue before the Supreme Court. Although the Special Leave Petition (SLP) was permitted to be withdrawn, the dismissal was in accordance with the signed order mentioned above.
In summary, the Supreme Court's directive highlights a growing concern regarding the lack of uniformity in the listing and consideration of bail applications arising from the same FIR across various High Courts. The court's emphasis on procedural consistency and the avoidance of conflicting decisions underscores the importance of maintaining judicial coherence and fairness in the legal process.
TAGS: Supreme Court High Courts bail applications FIR bench Justices CT Ravikumar Sanjay Kumar conflicting decisions
