Bail Cannot Be Granted Without Assigning Reasons, Reiterates SC [Read Judgment]

The Supreme Court has reiterated that bail cannot be granted without assigning any reason as to on what grounds, even though of a prima facie nature, it is considered just and proper to grant bail.

While setting aside an Allahabad High Court order that granted bail in a murder case, the bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra said:

Though it may not be necessary to give categorical finding while granting or rejecting the bail for want of full evidence adduced by the prosecution as also by the defence at that stage yet it must appear from a perusal of the order that the Court has applied its mind to the relevant facts in the light of the material filed by the prosecution at the time of consideration of bail application.

The order of the High Court read thus:

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

(This followed by conditions for release)

The bench, perusing this order, observed that it is unfortunate that neither the law laid down by the Supreme Court, nor the material filed by the prosecution was taken note of by the High Court while considering the grant of bail to the accused. It said:

In our considered opinion, the High Court committed jurisdictional error in passing the impugned order because while passing the impugned order, the High Court did not assign any reason whatsoever as to on what grounds, even though of a prima facie nature, it considered just and proper to grant bail to the respondents 

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