Not bound to grant bail on grounds of parity, rules Odisha High Court

Source: newindianexpress.com

CUTTACK: The Odisha High Court has ruled that grant of bail is not a mechanical act and a Judge is not bound to grant bail to an accused on grounds of parity.

“There is no absolute hidebound rule that it must necessarily be granted to the co-accused, where another co-accused has been granted bail”, it has stated.

The ruling came while rejecting the application of an accused in the 2009 railway job scam who had sought bail on grounds of parity after the High Court had granted bail to three other co-accused in the case probed by the CBI.

“Merely because some of the co-accused to whom similar role has been ascribed, have been released on bail earlier and the state has not moved the higher court against the order in question for cancellation, the power of the court cannot be fettered to act against conscience. It will be open to the Judge to reject the bail application before him as no Judge is obliged to pass orders against his conscience merely to maintain consistency”, the Single Judge Bench of Justice S K Sahoo ruled, while rejecting the bail plea of one Babloo Yadav on Monday.

The accused Babloo Yadav has been in judicial custody since February 25 this year.

The CBI had registered a case on the scam in September 2009 and subsequently filed charge sheets against four persons, including the petitioner, over collection of around Rs 95 lakh from gullible candidates by issuing false appointment letters of railways.

One fake website was also created to cheat the candidates by displaying their fraudulent selection in the railways.

In his 18-page order, Justice Sahoo observed that after careful consideration of the nature and gravity of the accusation and the prima facie availability of materials to establish such accusation along with the role played by the petitioner, including his absconding for eight years after submission of charge sheet and the impact of such offence on the society, he was disinclined to grant bail.

“I am of the humble view that merely because some of the co-accused persons have been released on bail, the petitioner cannot claim parity with them”, Justice Sahoo said.

He further observed, “Unemployment is a social misery. For an unemployed person, every day becomes a day of hardship, curse, restlessness and uncertainty. One, who cheats such a person in such a situation giving false assurance of providing job and takes away his hard acquired money, is perhaps the worst creature on this earth and he does not deserve a place in this beautiful world created by God”.