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2012 Supreme(SC) 240
Supreme Court of India
B.S. CHAUHAN & J.S. KHEHAR, JJ.
State of Andhra Pradesh
Versus
Younus Bin Omer Yafai alias Younus Bhai & Another
Criminal Appeal No. 536 of 2012
Decided on : 16-03-2012
The importance of providing reasoning for the grant of bail and the requirement for the High Court to decide the bail application afresh within a specified time frame.
Headnote:
Bail - Grant of Bail - Lack of Reasoning
Fact of the Case:
The appellant challenged the order granting bail to the respondents, contending that the High Court did not provide any reason for the grant of bail.
Finding of the Court:
The Supreme Court set aside the impugned order and directed the High Court to decide the bail application afresh within six weeks, emphasizing the lack of reasoning in the original decision.
Issues: Grant of bail without reasoning
Ratio Decidendi: The court emphasized the importance of providing reasons for the grant of bail and set aside the original order due to the lack of reasoning, directing the High Court to decide the matter afresh.
Final Decision: The appeal was disposed of, and the respondents were granted protection in the meantime, with the direction for the High Court to decide the bail application afresh within six weeks.
Judgment :
1. Leave granted. We have heard Mr. Harin Raval, learned Additional Solicitor General and Mr. Altaf Ahmed, learned Senior Counsel for the respondents.
2. We have gone through the impugned judgment and order dated 21-7-2011, and perused the record of the case. The learned counsel for the appellant has contended that without assigning any reason the High Court has passed the order granting bail to the respondents.
3. Considering the facts and circumstances of the case, we are not satisfied with the manner in which the bail application has been disposed of by the High Court as no reason whatsoever has been assigned for grant of bail. In view of the above, the impugned order dated 21-7-2011 is set aside and we request the High Court to decide the bail application afresh within a period of six weeks from today. The respondents shall remain protected in the meantime. However, we make it clear that we have not expressed any view one way or the other on the merits of the case.
4. In case the application is not disposed of within the stipulated time, the respondents shall be at liberty to renew their prayer for interim bail before the High Court. Needless to say that the parties will cooperate and will not take unwarranted adjournments before the High Court.
5. The appeal is disposed of.
