A bench of Justices Aniruddha Bose and Bela M Trivedi mentioned parity will not be the legislation and a courtroom is required to focus upon the function connected to a selected accused in an offence and different concerns whereas deciding on his bail plea.
The bench additionally underscored that the offence of cash laundering, being a risk to nationwide economic system, be seen in a special method whereas granting bail to the accused.
On this case, the accused, Tarun Kumar, took the bottom that different co-accused had been granted bail and pleaded that he too be launched. Rejecting the plea, the courtroom mentioned completely different accused performed completely different roles within the alleged offence and one of many accused was granted bail on medical grounds.
“It might be famous that parity will not be the legislation. Whereas making use of the precept of parity, the courtroom is required to focus upon the function connected to the accused whose software is into account,” the bench mentioned.
“It’s axiomatic that the precept of parity is predicated on the assure of optimistic equality earlier than legislation enshrined in Article 14 of the Structure. Nonetheless, if any illegality or irregularity has been dedicated in favour of any particular person or a gaggle of people, or a mistaken order has been handed by a judicial discussion board, others can not invoke the jurisdiction of the upper or superior courtroom for repeating or multiplying the identical irregularity or illegality or for passing comparable mistaken order. Article 14 will not be meant to perpetuate the illegality or irregularity. If there was a profit or benefit conferred on one or a set of individuals by any authority or by the courtroom, with out authorized foundation or justification, different individuals couldn’t declare as a matter of proper the profit on the premise of such mistaken determination,” it mentioned.
Highlighting the seriousness of offence of cash laundering, the bench mentioned it could be famous that financial offences represent a category aside and have to be visited with a special method within the matter of bail.
“The financial offences having deep-rooted conspiracies and involving big lack of public funds have to be seen critically and thought of as grave offences affecting the economic system of the nation as an entire and thereby posing severe risk to the monetary well being of the nation. Undoubtedly, financial offences have severe repercussions on the event of the nation as an entire,” it mentioned.
Highlighting the seriousness of offence of cash laundering, the bench mentioned it could be famous that financial offences represent a category aside and have to be visited with a special method within the matter of bail.
