Date:31/10/2008 URL: http://www.thehindu.com/2008/10/31/stories/2008103155531400.htm

National

Disclose reasons, don’t grant bail as a matter of course: apex court

J. Venkatesan

Particularly where an accused is charged with serious offence

Giving reasons is different from discussing merits or demerits
Court must consider nature of accusation and severity of punishment in case of conviction

New Delhi: The Supreme Court has asked trial courts and High Courts to disclose reasons in their bail order without touching on the merits of the case in which the accused has been arrested.

While dealing with an application for bail, there is need to indicate reasons for concluding prima facie why bail is being granted, particularly where an accused is charged with a serious offence, said a Bench consisting of Justices Arijit Pasayat and C.K. Thakker.

Guidelines

Pointing to the guidelines evolved by the apex court in various judgments, the Bench said the court concerned should exercise its discretion judiciously and should not grant bail as a matter of course.

“It is necessary for the courts to consider, among other circumstances, the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence; reasonable apprehension of tampering with witnesses or apprehension of a threat to the complainant and prima facie satisfaction of the court in support of the charge.”

The Bench said: “Though a conclusive finding on the points urged by the parties is not expected of the court considering the bail applications, giving reasons is different from discussing merits or demerits.

“At the stage of granting bail, a detailed examination of evidence and elaborate documentation of the merits of the case are not to be undertaken.

“But that does not mean that while granting bail some reasons for prima facie concluding why bail is being granted is not required to be indicated.”

Challenges bail

In the instant case, Lokesh Singh challenged the action of the Allahabad High Court in granting bail to one of the accused in a murder case after the plea had been declined by the trial court.

The apex court allowed the appeal of Singh, who contended that the High Court had practically written a judgment of acquittal by not only referring to incriminating materials but also concluding about their unreliability.

He sought cancellation of the bail and this was supported by the State. The apex court ordered cancellation of the bail and directed the accused to surrender forthwith.