Summary
While permitting withdrawal of a bail-related SLP, the Supreme Court reiterated that matters arising from one FIR should be listed before the same Judge to promote consistency. It directed circulation of the present and earlier orders to all High Courts, while clarifying that bail parity for co-accused depends on relevant facts and is not automatic.
Issues
- How bail applications arising from the same FIR should be allocated to avoid inconsistent decisions.
Held
- The Court reiterated its earlier direction that matters concerning one FIR be listed before the same Judge, noting recurring inconsistent treatment when such matters reached different Benches. It did not decide the petitioner’s entitlement to bail. (¶¶ 1, 2, 3, 4, 5, 6)
- Co-accused are not invariably entitled to parity. Entitlement depends on the relevant facts and factors in each case; administrative consistency in listing does not predetermine the bail outcome. (¶ 3)
Result
SLP dismissed as withdrawn. The Registrar (Judicial) was directed to circulate this order and the order dated 31 July 2023 in SLP (Crl.) No.7203 of 2023 to every High Court’s Registrar (Judicial) for placement before its Chief Justice.