Legal provisions involved: Sections 147, 148, 149, 302, 506 of IPC
Judgment by: The Supreme Court
Bench: Justice Sanjay Karol J and N.K. Singh J
Facts
The case involves the murder of Sonveer after a dispute with co-villagers Suresh Pal and Aditya. Rajveer instigated Aditya to shoot Sonveer, leading to his death, and was arrested. His previous bail applications were rejected by the trial court. The High Court granted him bail solely based on parity with co-accused Suresh Pal. Another co-accused, Prince, was also granted bail without providing reasons.
Key legal provisions
Issues raised
Whether parity with a co-accused can be the sole ground for granting bail in serious offences like murder?
Arguments of the case
The appellant-complainant argued that bail cannot be given just because other co-accused got bail; the court must consider the accused’s role, seriousness of the crime, and other important factors. The High Court, however, granted bail based only on parity and the fact that the accused had no prior criminal record.
Judgement
The Apex Court cancelled the High Court’s bail orders for Rajveer and Prince, stating that simply giving bail because other co-accused were released is not enough. The court said the accused’s individual role, seriousness of the crime, and all other relevant factors must be looked at. Rajveer was ordered to surrender within two weeks, and the case was sent back to the High Court to reconsider bail with proper reasoning and following the law.
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