Case Note & Summary
The present appeals arise from an order dated 18.07.2022 passed by the High Court of Judicature for Rajasthan at Jaipur in S.B. Criminal Miscellaneous Bail Application No. 2363/2022 and S.B. Criminal Misc. II Bail Application No. 10068/2022, whereby the High Court directed enlargement of the original accused (private respondents) on bail in connection with FIR No. 474/2021 registered at Police Station Kotwali, District Dholpur for offences under Sections 302, 307, 201, 120B of the Indian Penal Code, 1860 (IPC). The original complainant/informant, feeling aggrieved, preferred the present appeals before the Supreme Court. The Supreme Court noted that the accused had been chargesheeted after investigation for serious offences including murder. However, the High Court, without taking into consideration any of the material forming part of the chargesheet and without considering the seriousness of the offences, passed a non-speaking order directing release of the accused on bail, observing only that there was a possibility that the trial may take a long time to conclude. The Supreme Court found that the only observations made by the High Court were in paragraph 4 of the impugned order, which merely stated that considering the arguments and the possibility of a long trial, it was just and proper to enlarge the petitioners on bail. The Supreme Court held that when accused are chargesheeted after investigation, the High Court ought to have taken note of and considered the material collected during the investigation to find out whether there was any material involving the accused. The impugned order was set aside, and the bail applications were directed to be reconsidered by the High Court afresh, in accordance with law, after considering the material collected during the investigation. The appeals were allowed accordingly.
Headnote
A) Criminal Law - Bail - Grant of Bail in Murder Case - Non-Speaking Order - High Court granted bail to accused charged under Sections 302, 307, 201, 120B IPC solely on ground that trial may take long time, without considering material collected during investigation - Supreme Court held that in serious offences like murder, High Court must consider the material on record and pass a reasoned order - Impugned order set aside (Paras 2-4).
Issue of Consideration
Whether the High Court was justified in granting bail to accused charged under Sections 302, 307, 201, 120B IPC without considering the material collected during investigation and by a non-speaking order.
Final Decision
The Supreme Court allowed the appeals, set aside the impugned order dated 18.07.2022 passed by the High Court, and directed the High Court to reconsider the bail applications afresh in accordance with law, after considering the material collected during the investigation.
Law Points
- Bail in serious offences requires consideration of material collected during investigation
- non-speaking bail orders are unsustainable
- High Court must assign reasons while granting bail in heinous crimes
