Susanta Kumar Dalei @ Susanta Kumar Dalai v. State of Odisha (Vigilance) 2026 INSC 510 - CrPC - Discharge - Parity Principle

Code of Criminal Procedure 1973- Section 227,28- While the standard of proof at the stage of framing of charge is not that required for conviction, there must at least exist a grave suspicion against the accused. (Para 23) At the stage of consideration of discharge, though a detailed appreciation of evidence is not warranted, the Court must be satisfied that there exists sufficient ground for proceeding against the accused. (Para 20) In any criminal case, there must be clear and specific material that shows the accused might have committed the crime. A case cannot be allowed to continue based only on guesses or vague statements. (Para 19) Criminal process must not be permitted to degenerate into an instrument of oppression. The law must act as a shield for the innocent, not as a sword in the hands of the vindictive. Where the material does not disclose the commission of an offence, the Court is duty-bound to interdict the proceedings at the threshold. The criminal trial is not a mere formality, nor a ritualistic procedure to be endured regardless of merit. It entails stigma, hardship, and irreparable harm to the reputation and liberty of the individual. Where the materials do not establish even a grave suspicion, the accused must not be compelled to undergo the ordeal of trial. (Para 22)

Criminal Trial - The principle of parity - A fundamental tenet of criminal jurisprudence- The similarly situated accused persons be treated alike. When the allegations and evidence against the accused are not even qualitatively stronger than those against the discharged co-accused, the continuation of proceedings against the accused alone would be arbitrary and violative of Article 14 of the Constitution of India. (Para 21)