Cryptic & Casual Bail Orders Without Relevant Reasons Liable To Be Set Aside : Supreme Court
The Supreme Court held that bail cannot be granted by a cryptic and causal order without considering the material aspects of the case. The Apex Court further clarified that even if no new circumstances have developed after the grant of bail, the State is entitled to seek cancellation of bail, if it had been granted ignoring material aspects which establish a prima facie case against the accused.
A Bench comprising Justices M.R. Shah and B.V. Nagarathna allowed the appeal filed challenging the order of the Rajasthan High Court granting bail to the accused without assigning reasons for the same. The portion in the bail order containing the 'reasoning', extracted by the Supreme Court is as under-
"I have considered the submissions and perused the challan papers and the post mortem report, but without expressing any opinion on the merits and demerits of the case, I deem it appropriate to enlarge the accused petitioner on bail. Therefore, this bail application is allowed and it is directed that accused petitioner namely, Ram Narayan Jat S/o Shri Bhinva Ram shall be released on bail under section 439 Cr.P.C. in connection with aforesaid FIR, provided he furnishes a personal bond in the sum of Rs. 50,000/ together with one surety in the like amount to the satisfaction of the concerned Magistrate with the stipulation that he shall comply with all the conditions laid down under Section 437 (3) Cr.P.C."