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SC to HC: You are expected to pass a reasoned order while reversing Sessions Court's order of dismissal of Bail in a Murder Case,

 Procedure Established by Law vs Due Process of Law - Clear IAS

The Supreme Court has observed that in case of grave offences, it is expected out of High Courts to give due reasoning if it turns/ interenes in any Trial Court oder/ruling.

The Division Bench comprising of Justice Vineet Saran and Justice Aniruddha Bose was dealing with a SLP assailing Allahabad High Court's order reversing Trial Court order and granting bail to accused in FIR registered u/s 302 IPC.

The Court noted that in the case of murder, it is expected that at least some reason would be given while reversing the order of the Trial Court, which had rejected the bail 2 application by a reasoned order.

It furter adeded that in the present case, the nature of the offence is very grave i.e. murder under Section 302 IPC and if such reasons are to be accepted for granting bail, then probably in all cases bail would be granted. In the impugned orders the High Court, while granting bail, has only stated the below, the Court expressed dissatisfaction.

 “Keeping in view the nature of offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial”. 

It thus opined that no reasons have been given in substance and there is only narration of facts in the orders impugned and accordingly set aside the order impugned.

 

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