The Supreme Court on Tuesday reiterated the necessity of issuing reasoned bail orders, especially in matters involving serious offences..A Bench of Chief Justice of India NV Ramana and Justice Krishna Murari held that every order, granting or denying bail, must be well-reasoned."Reasoning is the life blood of the judicial system. That every order must be reasoned is one of the fundamental tenets of our system. An unreasoned order suffers the vice of arbitrariness," the top court said..That every order must be reasoned is one of the fundamental tenets of our system. An unreasoned order suffers the vice of arbitrariness.Supreme Court of India.The apex court bemoaned the trend of courts passing bail orders with general observations as it set aside an order of the High Court of Rajasthan granting bail to the accused in a rape case."There is a recent trend of passing such orders granting or refusing to grant bail, where the Courts make a general observation that “the facts and the circumstances” have been considered. No specific reasons are indicated which precipitated the passing of the order by the Court. Such a situation continues despite various judgments of this Court wherein this Court has disapproved of such a practice," the Bench noted..The Supreme Court was hearing an appeal by the prosecutrix against the Rajasthan High Court's decision to grant bail to her uncle who allegedly raped her on two occasions. The accused has several other pending cases against him, it was pointed out..The apex court stated that although there is no "straight-jacket formula" to determine the relevant factors which are to be considered before granting of bail, "certain important factors that are always considered, inter alia, relate to prima facie involvement of the accused, nature and gravity of the charge, severity of the punishment, and the character, position and standing of the accused".In this case, the apex court opined that the High Court had not considered the grievous nature of the offence and the fact that the accused was a habitual offender with over 20 cases registered against him. Moreover, the Court noted there was no reasoning evident from the High Court's order. .Therefore, the Supreme Court allowed the appeal and set aside the order of the High Court, describing it as 'cryptic' and without 'any application of mind'.It cancelled the bail bonds of the accused and directed him to surrender before the concerned police station within one week. .For the Respondent-State, Advocate Vidisha Swarup appeared..[Read Judgment]
The Supreme Court on Tuesday reiterated the necessity of issuing reasoned bail orders, especially in matters involving serious offences..A Bench of Chief Justice of India NV Ramana and Justice Krishna Murari held that every order, granting or denying bail, must be well-reasoned."Reasoning is the life blood of the judicial system. That every order must be reasoned is one of the fundamental tenets of our system. An unreasoned order suffers the vice of arbitrariness," the top court said..That every order must be reasoned is one of the fundamental tenets of our system. An unreasoned order suffers the vice of arbitrariness.Supreme Court of India.The apex court bemoaned the trend of courts passing bail orders with general observations as it set aside an order of the High Court of Rajasthan granting bail to the accused in a rape case."There is a recent trend of passing such orders granting or refusing to grant bail, where the Courts make a general observation that “the facts and the circumstances” have been considered. No specific reasons are indicated which precipitated the passing of the order by the Court. Such a situation continues despite various judgments of this Court wherein this Court has disapproved of such a practice," the Bench noted..The Supreme Court was hearing an appeal by the prosecutrix against the Rajasthan High Court's decision to grant bail to her uncle who allegedly raped her on two occasions. The accused has several other pending cases against him, it was pointed out..The apex court stated that although there is no "straight-jacket formula" to determine the relevant factors which are to be considered before granting of bail, "certain important factors that are always considered, inter alia, relate to prima facie involvement of the accused, nature and gravity of the charge, severity of the punishment, and the character, position and standing of the accused".In this case, the apex court opined that the High Court had not considered the grievous nature of the offence and the fact that the accused was a habitual offender with over 20 cases registered against him. Moreover, the Court noted there was no reasoning evident from the High Court's order. .Therefore, the Supreme Court allowed the appeal and set aside the order of the High Court, describing it as 'cryptic' and without 'any application of mind'.It cancelled the bail bonds of the accused and directed him to surrender before the concerned police station within one week. .For the Respondent-State, Advocate Vidisha Swarup appeared..[Read Judgment]
