Penal Code, 1860 – ss.302 r/w 34; 341, 307 r/w 34 – Bail – Respondent accused of murder of appellant’s son – Bail rejected by Sessions Court –Granted by High Court with certain conditions – On appeal, held: Offences alleged against respondent are serious vis-a-vis the appellant’s son at two points of time, in 2017 alleging attempt to murder him and in 2020 alleging his murder – Respondent has criminal antecedents – There is a likelihood of him absconding or threatening the witnesses if on bail which would have a vital bearing on the trial – Present cases not fit for grant of bail to the respondent in respect of the two serious accusations against him vis-a-vis the very same person – High Court lost sight of the vital aspects of the case and granted bail by very cryptic orders – Impugned orders set aside – Respondent to surrender – Arms Act – ss.25, 27 – Maxims – cessante ratione legis cessat ipsa lex.
Bail – Grant of – Factors to be considered – Discussed. Bail – Order of – Recording of reasons – Held: While elaborating reasons may not be assigned for grant of bail, at the same time an order de hors reasoning or bereft of relevant reasons cannot result in grant of bail – It would be only a non speaking order which is an instance of violation of principles of natural justice – In such a case the prosecution or the informant has a right to assail the order before a higher forum – Principles of natural justice. Gudikanti Narsimhulu & Ors. vs. Public Prosecutor, High Court of Andhra Pradesh (1978) 1 SCC 240 : [1978] 2 SCR 371; Prahlad Singh Bhati vs. NCT of Delhi & ORS (2001) 4 SCC 280 : [2001] 2 SCR 684; Ram Govind Upadhyay vs. Sudarshan Singh (2002) 3 SCC 598 : [2002] 2 SCR 526; Kalyan Chandra Sarkar vs. Rajesh Ranjan alias Pappu Yadav & Anr. (2004) 7 SCC 528 : [2004] 7 SCC 528; Gobarbhai Naranbhai Singala vs. State of Gujarat & Ors. etc. etc. (2008) 3 SCC 775 : [2008] 2 SCR 131; Panchanan Mishra vs. Digambar Mishra (2005) 3 SCC 143 : [2005] 1 SCR 484; State of UP vs. Amarmani Tripathi (2005) 8 SCC
21 : [2005] 3 Suppl. SCR 454; Ash Mohammad vs. Shiv Raj Singh @ Lalla Bahu & Anr. (2012) 9 SCC 446 : [2012] 7 SCR 584; Neeru Yadav vs. State of UP & Anr. (2016) 15 SCC 422 : [2015] 10 SCR 802; Anil Kumar Yadav v. State (NCT of Delhi) (2018) 12 SCC 129 : [2017] 11 SCR 195; Bhoopindra Singh vs. State of Rajasthan & Anr. Cr.A. 1279 of 2021; Mahipal vs. Rajesh Kumar (2020) 2 SCC 118 : [2019] 14 SCR 529; Kranti Associates Private Limited & Anr. Vs. Masood Ahmed Khan & Ors. (2010) 9 SCC 496 : [2010] 10 SCR 1070 – relied on.
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