Quality Of Reasons Matters The Most: Supreme Court Sets Aside Bail Granted To Accused In Dowry Death Case

Published by Admin on

Case: Sonu vs. Sonu Yadav

Coram: Justices DY Chandrachud and MR Shah

Case No: [Crl.A.377/2021]

Court Observation: “The sentence which we have extracted earlier contains an omnibus amalgam of (i) “the entire facts and circumstances of the case”; (ii) “submissions of learned Counsel for the parties”; (iii) “the nature of offence”; (iv) “evidence”; and (v) “complicity of accused”. This is followed by an observation that the “applicant has made out a case for bail”, “without expressing any opinion on the merits of the case”. This does not constitute the kind of reasoning which is expected of a judicial order. “

“An order without reasons is fundamentally contrary to the norms which guide the judicial process. The administration of criminal justice by the High Court cannot be reduced to a mantra containing a recitation of general observations. That there has been a judicious application of mind by the judge who is deciding an application under Section 439 of the CrPC must emerge from the quality of the reasoning which is embodied in the order granting bail. While the reasons may be brief, it is the quality of the reasons which matters the most. That is because the reasons in a judicial order unravel the thought process of a trained judicial mind.

We are constrained to make these observations because the reasons indicated in the judgment of the High Court in this case are becoming increasingly familiar in matters which come to this Court. It is time that such a practice is discontinued and that the reasons in support of orders granting bail comport with a judicial process which brings credibility to the administration of criminal justice.”, the bench observed while setting aside the High Court order.


Leave a Reply

Hey, wait!

Don't forget to subscribe to our newsletter for weekly updates about our events, blogs and various opportunities.