GIRRAJ versus KIRANPAL AND ANR ETC

GIRRAJ versus KIRANPAL AND ANR ETC

The High Court had granted bail to the respondents solely on the basis of parity with co-accused Narendra; this Court cancelled Narendra's bail for reasons showing the High Court had relied on extraneous considerations, and therefore the bail granted to the respondents on that parity footing must also be cancelled; however, fairness requires permitting the respondents to surrender and, conditional on surrender, to apply afresh for bail before the High Court.

Parties
Appellant: Girraj; Respondent: Kiranpal; Respondent: Sundar; Respondent: Rakesh; Respondent: Satish; Respondent: Dharmendra
Jurisdiction
India
Judgment Date
08 March 2021
Procedural Posture
Criminal Appeal / Appeal Decided by the Supreme Court (orders Cancelling High Court Bail and Granting Conditioned Relief)
Outcome
Appeals allowed; High Court orders granting bail to the five respondent-accused cancelled; respondents directed to surrender and permitted to apply afresh for bail to the High Court subject to conditions.
Legal Topics
Parity in Grant of Bail, Cancellation of Bail, Surrender and Reapplication for Bail
Criminal Law Bail Parity in Grant of Bail Cancellation of Bail Surrender and Reapplication for Bail

Case Brief

Summary, issues, holding and outcome

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Parties

Girraj

Appellant

Kiranpal

Respondent

Sundar

Respondent

Rakesh

Respondent

Satish

Respondent

Dharmendra

Respondent

Procedural Posture

Criminal Appeal / Appeal Decided by the Supreme Court (orders Cancelling High Court Bail and Granting Conditioned Relief)

Legal Issues

  1. 1 Whether bail granted by the High Court to respondents on parity with co-accused must be cancelled when this Court has cancelled the co-accused's bail
  2. 2 Whether respondents should be permitted to surrender and apply afresh for bail before the High Court

Ratio Decidendi

The High Court had granted bail to the respondents solely on the basis of parity with co-accused Narendra; this Court cancelled Narendra's bail for reasons showing the High Court had relied on extraneous considerations, and therefore the bail granted to the respondents on that parity footing must also be cancelled; however, fairness requires permitting the respondents to surrender and, conditional on surrender, to apply afresh for bail before the High Court.

Court Disposition

Appeals allowed; High Court orders granting bail to the five respondent-accused cancelled; respondents directed to surrender and permitted to apply afresh for bail to the High Court subject to conditions.

Orders

  • The orders passed by the High Court granting bail to Kiranpal, Sundar, Rakesh, Satish and Dharmendra are cancelled.
  • The respondent-accused shall surrender forthwith as a consequence of the cancellation of bail.