Courts Duty Bound To Consider All Contentions Raised By Parties While Deciding Bail Applications

Case: Nelson Raj V. The State Of Karnataka

Coram: Justice Mohammad Nawaz

Case No.: Criminal Appeal No.336 Of 2022

Court Observation: “When a bail petition is filed, the Court is bound to take into consideration all the contentions raised and pass an appropriate order. It is necessary to look into the material on record which prima facie connects the accused with the crime and adverting to those materials, Court can come to the conclusion as to whether a prima facie case has been made out or not and shall assign reasons for either allowing or rejecting a bail petition.”

“but, at the same time, the Court has to come to a reasonable conclusion as to whether there is any prima facie or reasonable ground to believe that the accused has committed the offence, followed by the nature and gravity of the charge and severity of the punishment.”

“Bail orders either granting or refusing cannot be passed in a mechanical manner or by a cryptic order, without considering the material aspects of the case. Court is duty bound to give reasons for granting or denying bail, especially in cases involving serious offences,”

“The impugned order falls short of such reasoning for dismissing the bail petition. The learned Special Judge has not adverted to the various contentions stated to have been raised by the appellants counsel, except stating that accused are alleged to have committed a brutal murder of deceased and a prima facie case is made out against the accused etc.”

“The Special Judge has failed to advert to the various contentions said to have been raised by the Counsel appearing for the accused before the trial Court. The reasons for rejecting the prayer for bail does not appear to be in accordance with law.”

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Keywords

Courts Duty Bound, Deciding Bail Applications