No Discussion Or Analysis: Supreme Court Sets Aside HC Order Granting Bail To Murder Accused

There is no discussion or analysis of circumstances at all, the Supreme Court observed while setting aside a High Court order granting bail to murder accused.

The bench comprising Justices DY Chandrachud and MR Shah observed that in a case where an earlier application for bail has been rejected, there is a higher burden on the appellate court to furnish specific reasons as to why the bail should be granted.

In this case, the first bail application preferred by the accused in a murder case was rejected by the High Court. Later, after the chargesheet was filed in the case, second bail applications were filed by the accused which was allowed by the High Court.

While considering the appeal filed by defacto complainants, the Apex court bench noted that except narrating the submissions made by Counsel appearing on behalf of the accused and the public prosecutor and the complainant there is no independent application of mind by the High Court. No reasons whatsoever have been assigned by the High Court releasing the accused on bail, that too in a case where the accused are facing the charges for the offences punishable under Sections 302 and 307 read with Section 149 of the IPC and the other offences, the bench observed.

"13.1 Such an order has been disapproved by this Court time and again. The High Court has not at all taken into consideration the facts of the case; the nature of allegations; gravity of offences and role attributed to the accused. As a matter of fact, there is no discussion or analysis of circumstances at all. 13.2 The observations made by the High Court "considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the second bail application" does not constitute the kind of reasoning which is expected of a judicial order. The impugned order passed by the High Court can be said to be perverse and suffers from non-application of mind to the relevant factors to be considered while grant of bail and therefore the interference of this Court is warranted." the Court said while setting aside the bail order passed by the High Court.

The bench also quoted from earlier decisions in Mahipal vs. Rajesh Kumar @ Polia and Ramesh Bhavan Rathod vs. Vishanbhai Hirabhai Makwana Makwana (Koli)

Case: Kumer Singh vs. State of Rajasthan [CrA 571 of 2021]
Coram: Justices DY Chandrachud and MR Shah
Citation: LL 2021 SC 332

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