RAJPAL versus STATE OF RAJASTHAN

RAJPAL versus STATE OF RAJASTHAN

The Special Leave Petition was dismissed as withdrawn; the Court reiterated that matters arising out of the same FIR should be listed before the same Judge to avoid conflicting bail orders and that parity among co-accused is not automatic but depends on relevant facts; the Court directed the Registrar (Judicial) of the Supreme Court to communicate this order and the order dated 31.07.2023 in SLP (Crl.) No.7203 of 2023 to the Registrars (Judicial) of all High Courts to place the matter before the respective Chief Justices.

Parties
Petitioner: RAJPAL; Respondent: STATE OF RAJASTHAN
Jurisdiction
India
Judgment Date
12 December 2023
Procedural Posture
Special Leave Petition (criminal) No.15585 of 2023 / Dismissed as Withdrawn by Order Dated 12.12.2023
Outcome
Special Leave Petition dismissed as withdrawn
Legal Topics
Bail, Parity Among Co Accused, Case Listing, High Court Practice
Criminal Law Judicial Administration Bail Parity Among Co Accused Case Listing High Court Practice

Case Brief

Summary, issues, holding and outcome

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Parties

RAJPAL

Petitioner

STATE OF RAJASTHAN

Respondent

Procedural Posture

Special Leave Petition (criminal) No.15585 of 2023 / Dismissed as Withdrawn by Order Dated 12.12.2023

Legal Issues

  1. 1 Whether bail applications arising out of the same FIR should be listed before the same Judge to avoid conflicting orders
  2. 2 Whether parity between co-accused entitles an applicant to bail when a co-accused has been granted bail by a Coordinate Bench
  3. 3 The recurrence of High Courts not following earlier orders leading to anomalous bail orders

Ratio Decidendi

The Special Leave Petition was dismissed as withdrawn; the Court reiterated that matters arising out of the same FIR should be listed before the same Judge to avoid conflicting bail orders and that parity among co-accused is not automatic but depends on relevant facts; the Court directed the Registrar (Judicial) of the Supreme Court to communicate this order and the order dated 31.07.2023 in SLP (Crl.) No.7203 of 2023 to the Registrars (Judicial) of all High Courts to place the matter before the respective Chief Justices.

Court Disposition

Special Leave Petition dismissed as withdrawn

Orders

  • Special Leave Petition dismissed as withdrawn.
  • Registrar (Judicial) of the Registry of the Supreme Court is directed 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, who shall place the orders before the Hon'ble Chief Justice of the respective High Courts