Parity not sole ground for bail: SC sets aside HC order

Emphasising that the principle “bail is the rule and jail, an exception,” does not entitle all accused to automatic relief, the Supreme Court has held that courts must also weigh the specific role of each accused, the gravity of the alleged offence, and its impact on society before granting bail.

- Utkarsh Anand

‘A bench of justices Sanjay Karol and N Kotiswar Singh further held that parity alone cannot be the sole basis for granting bail, underlining that role and position in crime matter more than mere common involvement.

It further stressed that bail orders must contain reasons, and cannot be passed mechanically or solely on the principle of parity.

“Bail has often been stated to be the rule, and jail, the exception. This cannot be emphasized enough. At the same time, this, however, does not mean that the relief of bail is to be granted without due regard to the cir-

The top court referred to its earlier rulings while setting aside bail orders issued by the high court in a murder case. Ht

cumstances involved in the alleged offence for which the accused person has been arrested. In this regard, it has to be noted that a court, while granting bail, has to consider a number of aspects,” declared the bench.