Cryptic & Casual Bail Orders Without Relevant Reasons Liable To Be Set Aside
Case: Manoj Kumar Khokhar v. State of Rajasthan And Anr.
Corum: Justices M.R. Shah and B.V. Nagarathna
Case No.: Criminal Appeal No.36 of 2022
Court Observation: “I have considered the submissions and perused the challan papers and the post mortem report, but without expressing any opinion on the merits and demerits of the case, I deem it appropriate to enlarge the accused petitioner on bail. Therefore, this bail application is allowed and it is directed that accused petitioner namely, Ram Narayan Jat S/o Shri Bhinva Ram shall be released on bail under section 439 Cr.P.C. in connection with aforesaid FIR, provided he furnishes a personal bond in the sum of Rs. 50,000/ together with one surety in the like amount to the satisfaction of the concerned Magistrate with the stipulation that he shall comply with all the conditions laid down under Section 437 (3) Cr.P.C.”
“…while elaborate reasons may not be assigned for grant of bail or an extensive discussion of the merits of the case may not be undertaken by the court considering a bail application, an order de hors reasoning or bereft of the relevant reasons cannot result in grant of bail. In such a case the prosecution or the informant has a right to assail the order before a higher forum”. “Ultimately, the Court considering an application for bail has to exercise discretion in a judicious manner and in accordance with the settled principles of law having regard to the crime alleged to be committed by the accused on the one hand and ensuring purity of the trial of the case on the other.”
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Keywords
Cryptic & Casual, Bail Orders
