19 August 2019


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Criminal

Doctrine of parity? Some more equal than others

Neeru Yadav v. State of U.P. and Ors.

MANU/SC/1086/2015

29.09.2015

Deciding an appeal against grant of bail to the Respondent, a history-sheeter, the Supreme Court made sure to reiterate that it had not cancelled bail, merely annulled the High Court’s order for not having considered relevant factors. Noting the Respondent’s past criminal record, ranging from offences like murder and kidnap to possession of arms and indulging in ‘general firing’, the Court excavated Dostoevskian ways to expound its anguish against the High Court’s grant of bail. “…crimes are of a heinous nature and such crimes by no stretch of imagination, can be regarded as jejune. Such cases do create a thunder and lightning having the effect potentiality of torrential rain in an analytical mind.” Such a regale precipitated from the “clear as cloudless sky that the High Court has totally ignored the criminal antecedents of the accused”.

More equitable courts?

Relevant

Ram Govind Upadhyay v. Sudarshan Singh MANU/SC/0203/2002
Prahlad Singh Bhati v. NCT of Delhi MANU/SC/0193/2001
Prasanta Kumar Sarkar v. Ashis Chatterjee MANU/SC/0916/2010

Tags : bail antecedents parity criminal

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