The Supreme Court has clarified that a Court while deciding a bail application cannot completely divorce its decision from material aspects of the case such as:
The Court while holding that it is not necessary for a court to give elaborate reasons while granting bail particularly when the case is at the initial stage and the allegations of the offences by the accused would not have been crystalised as such, added that,
“Ultimately, the Court considering an application for bail has to exercise discretion in a judicious manner and in accordance with the settled principles of law having regard to the crime alleged to be committed by the accused, on the one hand, and ensuring purity of the trial of the case on the other.”
A bench of Justice MR Shah and Justice BV Nagarathna further held that while elaborate reasons may not be assigned for grant of bail or an extensive discussion of the merits of the case may not be undertaken by the Court considering a bail application, an order de hors reasoning or bereft of the relevant reasons cannot result in grant of bail.
In such a case the prosecution or the informant has a right to assail the order before a higher forum, said the Court.
Informant-appellant Manoj Kumar Khokhar, son of the deceased Ram Swaroop Khokhar, approached the top court assailing an Order passed by the Rajasthan High Court whereby bail was granted to the accused Ram Narayan Jat who allegedly pinned the deceased to the ground, sat on his chest and forcefully strangled him, thereby causing his death.
While revoking the bail granted to the accused, the Court considered the following relevant facts revolving around the matter:
Justice Nagarathna while concluding her judgment remarked that strangely, the State of Rajasthan had not filed any appeal against the impugned order.
On Monday, in a similar fashion, the top court while noting that it is the duty of the Director of Prosecution and the State to ensure that the guilty are booked and punished, had pulled up the state of Gujarat for not filing an appeal against an order granting bail to persons accused of brutally murdering a man while he was "just collecting scrap outside a factory."
Cause Title: Manoj Kumar Khokhar vs State of Rajasthan & Anr.
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