Does the grant of bail to a co-accused automatically entitle another accused facing the same case to bail on the ground of parity?
Coram: Dipankar Datta; Sheel Nagu
No. Grant of bail to one accused does not, ipso facto, constitute a ground for granting bail to another accused; parity is not a mechanical mathematical formula and must be assessed based on the specific role attributed to each accused in the factual matrix.
Indian Penal Code, 1860 — Sections 302, 201, 342, 120-B — bail — parity — prolonged incarceration — speedy trial — parity — role-specific assessment — Held: Grant of bail to one accused does not, ipso facto, constitute a ground for granting bail to another; parity is not a mechanical mathematical formula and must be assessed by reference to the specific role attributed to each accused in the factual matrix. (¶9–11) prolonged incarceration — not a stand-alone ground — speedy trial safeguarded — Held further: The mere fact of prolonged incarceration, or the likelihood that trial may not conclude within a reasonable period, does not by itself entitle an accused to bail where the offence is grave and there is a risk to witnesses; the right to a speedy trial was nonetheless safeguarded by directing accelerated recording of the testimony of specified sensitive witnesses within a year. (¶12–14)
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