Reinforcing a crucial limitation on the parity doctrine, the Supreme Court set aside a bail order granted in a murder case, observing that Courts cannot rely solely on co-accused being released. The Court underscored that the gravity of the offence and the accused’s specific role remain central to granting bail.
The matter arose from a murder in a village in Uttar Pradesh, which stemmed from a verbal altercation between villagers. One accused, considered an instigator, was granted bail by the trial court, and subsequently, other co-accused were also granted bail by the Allahabad High Court on the principle of parity. The case involved multiple participants with different roles in the incident, including instigators, those using weapons, and others present to intimidate.
The Allahabad High Court had relied solely on the principle of parity, granting bail to the accused because other co-accused had been released. The top court observed that this approach failed to account for the individual roles and responsibilities of the accused in the crime.
The Apex Court bench of Justice Sanjay Karol and Justice N. Kotiswar Singh explained that parity is not an independent ground for bail. “The term ‘parity’ denotes equality of position or role,” the Court noted, emphasizing that merely being involved in the same offence does not satisfy this requirement. The bench elaborated that different accused can have varied roles, one may instigate violence, another may use a weapon, and another may participate merely to intimidate, requiring the court to assess each application in light of the specific circumstances.
The Court held that bail should be granted based on the individual’s involvement, conduct, and position in the crime rather than mechanically applying parity with co-accused. The Court observed, “Parity of an accused is only with those who have performed similar acts, and cannot be applied indiscriminately across co-accused whose roles differ significantly.”
The Top Court set aside the Allahabad High Court’s bail order, clarifying that courts must weigh the facts, role, and conduct of each accused before granting bail. Relief based solely on parity, the Court reiterated, is legally impermissible.
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