Bhola Shankar vs. State of GNCT Delhi
Background
The applicant was accused of driving the getaway vehicle for two masked accomplices who robbed a travel agency shop at gunpoint of Rs. 7,50,000/-, with the looted cash later recovered from the home of the applicant's girlfriend's sister. His two co-accused, who had actually entered the shop and were found carrying multiple pistols with live rounds, had already been granted bail (one on default bail, one on regular bail as a first-time offender).
Decision Breakdown
The Court found that since the co-accused, who appeared to have played the more direct and dangerous role, including one who fired a gunshot while fleeing, had already secured bail, the applicant (whose role was limited to driving the getaway car) was entitled to parity. It also noted the applicant had already spent over a year and a half in custody, with the trial unlikely to conclude soon since arguments on charge were still ongoing. Bail was granted with strict conditions including weekly police reporting, a ban on leaving the jurisdiction without permission, and no contact with witnesses.
Lesson Learnt
The "parity" principle in bail law means that if co-accused with an equal or greater role in a crime have already been released on bail, a court will generally extend the same benefit to a co-accused with a comparatively lesser role, especially where the trial is likely to take considerable further time.