Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts

The Supreme Court expressed concern at the High Courts not listing bail applications arising out of the same FIR before the same bench, despite repeated orders.

The bench comprising Justices CT Ravikumar and Sanjay Kumar, in its order, stressed the need for listing bail applications pertaining to the same FIR before one single bench in order to avoid conflicting decisions, especially in cases where parity becomes the grounds for which bail is sought.

It was observed, “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 it is not to be construed that parity be given in all circumstances to all co-accused and that “such entitlement is certainly dependent on various relevant facts and factors.”

It was noted that a similar situation was observed by a three-judge Bench of this Court on 31.7.2023 with regards to listing bail matters relating to the same FIR before different judges in the Allahabad High Court, wherein the bench considered it appropriate to ask the High Court to avoid anomaly in such listings.

The order dated July 31 in SLP(Crl) No.7203/2023 , reads

“7. We have come across various matters from the High Court of Allahabad, wherein matters arising out of the same FIR are placed before different Judges. This leads to anomalous situation. Inasmuch as some of the learned Judges grant bail and some other Judges refuse to grant bail, even when the role attributed to the applicants is almost similar.

8. We find that it will be appropriate that all the matters pertaining to one FIR are listed before the same Judge so that there is consistency in the orders passed”

Addressing the recurring pattern across other High Courts, the Court further directed the Registrar (Judicial) of the Registry of the Supreme Court to communicate “ this order along with a copy of the order dated 31.07.2023 in SLP (Crl.) No.7203 of 2023 to the Registrar (Judicial) of all the High Courts. On their receipt, they shall place the orders before the Hon'ble Chief Justice of the respective High Courts”.

The matter briefly pertained to the petitioner who had been arrayed in an FIR wherein the co-accused was granted bail by a Coordinate Bench of Rajasthan High Court, while the Bench at Jaipur had rejected his bail, even though the petitioner claimed grounds of parity.

While the SLP was permitted to be withdrawn, the same was dismissed in terms of the signed order as mentioned above.

Case Details: Rajpal v. State of Rajasthan SLP (Crl.) No. 15585/2023

Citation : 2023 LiveLaw (SC) 1066

Click here to read the order