Bail Orders Should Be Short And Crisp: Supreme Court

Rintu Mariam Biju

17 Oct 2022 1:40 PM GMT

  • Bail Orders Should Be Short And Crisp: Supreme Court

    The Supreme Court on Monday orally remarked that bail orders should be short and crisp and consist of only two to four pages.A Division Bench of Justices Sanjay Kishan Kaul and Abhay Shreeniwas Oka further said that in a bail matter, the other aspects need not be gone into, in excruciating detail. The court was hearing a Special Leave Petition moved by Union Territory of Jammu and...

    The Supreme Court on Monday orally remarked that bail orders should be short and crisp and consist of only two to four pages.

    A Division Bench of Justices Sanjay Kishan Kaul and Abhay Shreeniwas Oka further said that in a bail matter, the other aspects need not be gone into, in excruciating detail.
    The court was hearing a Special Leave Petition moved by Union Territory of Jammu and Kashmir challenging the bail granted to PDP leader, Waheed Ur Rehman Parra by the Jammu & Kashmir High Court. Parra was alleged of engaging in Terrorist activities.
    Appearing for the UT, Solicitor General Tushar Mehta submitted that the High Court's interpretation of the Unlawful Activities (Prevention) Act is problematic and further sought to challenge the bail granted to the respondent.
    "He had procured A-47 guns. He even went to Pakistan", it was argued.
    The Bench however, said that they weren't giving importance to the observations made by the High court.
    "We certainly are not giving (unclear) to any observations made in the impugned order and in the interpretation of the UAPA Act", the Bench recorded in its order, while declining to interfere in the bail order.
    "My reservation is, in a bail matter, all this should not come. A bail order should be crisp, short, 2-4 pages….All this is not required. Bail is at interlocutory stage", Justice Kaul orally observed, after dictating the order.
    The advocate for the respondent submitted that sometimes judges are forced to get into it owing to the nature of offence in question.
    SG further argued, "We are dealing with a terrorism offence. Even preparation of an offence is an offence under the UAPA."
    Case Title: Slp(Crl) No. 9572/2022 Ii-C Union Territory Of J And K Versus Waheed Ur Rehman Parra


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