NDLI: Ms.y Vs. State of Rajasthan and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Bail – Necessity of reasoned bail orders especially in matters involving serious offences
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Bail – Necessity of reasoned bail orders, especially in matters involving serious offences – In the present case, respondent no.2 was accused of committing the grievous offence of raping his young niece of nineteen years – Held: High Court, while granting bail to respondent no.2, did not consider any of the relevant factors for grant of bail and did not advert to the actual facts of the case – In fact, no reasoning is apparent from the order of High Court – Fact that respondent no.2 was a habitual offender and nearly twenty cases were registered against him was not even mentioned in the order of High Court – Order of High Court was cryptic, and did not suggest any application of mind, and, accordingly set aside – Judgment / Order – Reasoned order. Bail – Interference with – By Appellate forum – Scope – Held: Once bail has been granted, the Appellate Court is usually slow to interfere with the same as it pertains to the liberty of an individual. Code of Criminal Procedure, 1973 – s.439 – Considerations on basis of which discretion u/s.439, CrPC has to be exercised while granting bail – Discussed – Held: Grant of bail requires the consideration of various factors which ultimately depends upon the specific facts and circumstances of the case – There is no strait jacket formula – However, certain important factors that are always considered, inter-alia, relate to prima facie involvement of the accused, nature and gravity of the charge, severity of the punishment, and the character, position and standing of the accused – At the stage of granting bail, the Court is not required to enter into a detailed analysis of the evidence in the case – Such an exercise may be undertaken at the stage of trial – Bail. Code of Criminal Procedure, 1973 – s.439 – Issue relating to whether the High Court exercised discretionary power u/s.439 CrPC in granting bail appropriately – Held: Such an assessment is different from deciding whether circumstances subsequent to the grant of bail made it necessary to cancel the same – The first situation requires the Court to analyze whether the order granting bail was illegal, perverse, unjustified or arbitrary – On the other hand, an application for cancellation of bail looks at whether supervening circumstances have occurred warranting cancellation – Bail – Cancellation of bail. Judgment / Order – Reasoned order – Necessity of – Held: Reasoning is the life blood of the judicial system – An unreasoned order suffers the vice of arbitrariness. Bail – Recent trend of orders granting or refusing to grant bail, where Courts make a general observation that “the facts and the circumstances” have been considered and no specific reasons are indicated which precipitated the passing of the order by the Court – Such a practice has been disapproved in various judgments of the Supreme Court – Judgment / Order – Reasoned order.
Judge	Honble Mr. Justice N.V. Ramana
Neutral Citation	2022 INSC 431
Petitioner	Ms.y
Respondent	State Of Rajasthan And Anr.
SCR	[2022] 3 S.C.R. 27
Judgement Date	2022-04-19
Case Number	649

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