1. Appeal against order granting bail to an accused charged under Sections 363 and 365 read with Section 34, IPC. (Para 2 , 4 )
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2017 Supreme(SC) 1710
SUPREME COURT OF INDIA
J. CHELAMESWAR, S. ABDUL NAZEER, JJ.
Fekan Yadav - Appellant
Vs.
Mahendra Kumar @ Vishi - Respondent
Criminal Appeal No. 1978 of 2017 (Arising out of SLP(Crl.) No. 5509 of 2017)
Decided On : 17-11-2017
Important Points
Bail should be granted with reasons assigned.
Subject
Criminal Law - Bail Proceedings
Act Referred
Headnote
Grant of Bail - Criminal Law - The court set aside the order granting bail to the accused and directed the High Court to reconsider the application for bail, emphasizing the need for reasons to be assigned for granting bail.
Fact of the Case:
The appeal was against the order granting bail to the accused without assigning any reasons.
Finding of the Court:
The court allowed the appeal in part, setting aside the order and directing the High Court to reconsider the bail application.
Issues: Grant of bail without assigning reasons
Ratio Decidendi: Bail should be granted with reasons assigned, and the High Court was requested to consider the matter afresh.
Final Decision: The order granting bail was set aside, and the High Court was directed to reconsider the bail application.
Legal Category Hierarchy
Advocates Appeared:
For the Appellant : N.K. Agrawal, Gaurav Agrawal, Abhikalp Pratap Singh, Abhay A, Deepak Bora
For the Respondents: Gopal Singh, Manish Kumar, Subhro Sanyal, Kumar Rajiv, Aryan P. Nandi
For the Appellant : N.K. Agrawal, Gaurav Agrawal, Abhikalp Pratap Singh, Abhay A, Deepak Bora
For the Respondents: Gopal Singh, Manish Kumar, Subhro Sanyal, Kumar Rajiv, Aryan P. Nandi
Table of Contents
2. Challenge to the validity of a bail order granted without the assignment of reasons. (Para 4 )
3. The High Court granted bail to the accused without assigning any reasons, requiring the application to be reconsidered. (Para 4 )
4. Orders granting bail must be supported by assigned reasons. (Para 4 )
5. Appeal allowed in part; High Court bail order set aside and matter remanded for fresh consideration. (Para 4 )
6. Is a court required to provide reasons when granting bail to an accused?
Yes, the court held that bail cannot be granted without assigning reasons and directed the High Court to reconsider the application afresh. (Para 4 )
ORDER :
1. Leave granted.
2. This appeal is directed against the order dated 27.4.2017 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.15949 of 2017, whereby the first respondent-accused was directed to be released on bail subject to certain terms and conditions stated therein.
3. We have heard learned counsel for the parties.
4. Case No. 7 of 2017 was registered against the accused under Sections 363, 365 read with Section 34 of IPC with Karpi Police Station, District Alwar, Rajasthan. A perusal of the order passed by the High Court indicates that bail has been granted to the accused without assigning any reasons. We are of the view that the High Court has to re-consider the application of the accused for grant of bail. Hence the appeal is allowed in part and the order dated 27.4.2017 passed by the High Court is hereby set aside. The High Court is requested to consider the matter afresh. All the contentions of the parties are kept open.
