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High Court While Reversing Trial Court's Order Of Rejecting Bail U/S 302 Must Give Some Reasons: Supreme Court

Shruti Kakkar
25 Feb 2022 4:10 AM GMT
High Court While Reversing Trial Courts Order Of Rejecting Bail U/S 302 Must Give Some Reasons: Supreme Court
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The Supreme Court has observed that in the case of murder (u/s 302 IPC) it is expected for the High Court to at least give some reason for reversing Trial Court's order which had rejected bail application by reasoned order. The observation has been made by a bench of Justices Vineet Saran and Aniruddha Bose while considering SLP assailing Allahabad High Court's order dated August 2,...

The Supreme Court has observed that in the case of murder (u/s 302 IPC) it is expected for the High Court to at least give some reason for reversing Trial Court's order which had rejected bail application by reasoned order.

The observation has been made by a bench of Justices Vineet Saran and Aniruddha Bose while considering SLP assailing Allahabad High Court's order dated August 2, 2021 of granting bail to accused in FIR registered u/s 302 IPC.

The High Court while granting bail without giving any reason for grant of bail had said ("impugned order")

"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".

The appeal was preferred by the deceased's brother.

The Top Court while setting aside the order said,

"On perusal of the impugned orders, what is noteworthy is that in the impugned orders passed by the High Court no reason has been given for grant of bail. In the case of murder (under Section 302 IPC), it is expected that at least some reason would be given while reversing the order of the Trial Court, which had rejected the bail application by a reasoned order. 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."

The bench further directed the Trial Court to expedite the trial and make every endeavour to conclude it within eight months from the receipt of copy of the order.

The court also asked the appellants to not seek any adjournment before the Trial Court. It also granted respondent liberty to file a fresh application for bail before the Trial Court on court's failure to conclude the trial within 8 months.

Case Title: Sabir v Bhoora @ Nadeem & Anr| Special Leave Petition (Crl.) No(s).6941/2021

Citation : 2022 LiveLaw (SC) 210

Coram: Justices Vineet Saran and Aniruddha Bose

Counsel for Petitioner: Advocates MC Dhingra and Gaurav Dhingra

Counsel for Respondents: Senior Advocate Siddharth Dave, Senior Advocate & AAG Ajay Kumar Misra, Advocate(s) Tanya Agarwal, Durga Dass Vashist, Eliza Siram, Vidhi Thakkar, Shubhangi Tuli, Sudhanshu Kaushesh, Siddharth Jain, Palav Agarwal, Ashutosh Kumar, K.P. Jayaram, Vanshika Agarwal, Yash Agarwal, Pulkit Agarwal, Ashok Kumar Gupta, Arun Kumar Mishra, Zaid Ansari, Sarvesh Singh Baghel, Ajay Kumar Prajapati

Code of Criminal Procedure, 1973 - Section 439 - Bail - In the case of murder (under Section 302 IPC), it is expected that at least some reason would be given while reversing the order of the Trial Court, which had rejected the bail application by a reasoned order. (Para 4) 

Click Here To Read/Download Order



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