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In this case, permission to withdraw the special leave petition has been  granted, court find no need to explore the matter further. Nonetheless,  court must emphasize the concern about the sluggishness in adhering  to previous orders when handling bail applications from the same FIR to  prevent conflicting decisions. It should be clarified that courts are not  implying that co-accused individuals in such instances always have an  automatic right to parity; entitlement to such parity depends on various  pertinent facts and factors. 

In the SLP (Crl.) No.7203 of 2023, a three-Judge Bench of this Court,  through an order on 31.07.2023, acknowledged a similar scenario and  stated the following: 

“ We’ve noticed instances in the Allahabad High Court where cases  arising from the same FIR are presented before different Judges. This  results in inconsistencies, with some Judges granting bail while others  deny it, despite the applicants’ roles being nearly identical. It’s deemed  appropriate that all cases related to a particular FIR should be heard by  the same Judge to ensure uniformity in the decisions made.” 

Subsequently, having noted the recurrence of similar situations in other  High Courts, the Court has decided that the Registrar (Judicial) of this  Court should be instructed to transmit this order, alongside 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. Upon receiving these  directives, the respective High Courts’ Registrars (Judicial) are to  present the orders to the Hon’ble Chief Justice for consideration. 

The bench consisted of Justices CT Ravikumar and Sanjay Kumar. Written by Samruddhi Kulkarni from ILS Law College pune (BA.LL.B), intern under legal vidhiya.

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