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2022 (1) TMI 1419 - SC - Indian LawsCancellation of bail granted - Murder - It is submitted that what is weighed with the High Court seems to be a parity as one other co-accused Shashi Bhushan Bhagat has been allowed bail - HELD THAT:- From the impugned judgment and order passed by the High Court, it can be seen that no reasons whatsoever have been assigned by the High Court while releasing the respondent No.2 on bail. After recording the submissions made by the learned counsel appearing on behalf of the accused and the State thereafter the High Court has only observed that “considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner’s counsel. Prayer for the bail of the petitioner is allowed.” There is no further reasoning given at all. Neither the High Court has considered the gravity, nature and seriousness of the offences alleged against the accused. A similar view has been expressed by this Court in the recent decision in the case of RAMESH BHAVAN RATHOD VERSUS VISHANBHAI HIRABHAI MAKWANA MAKWANA (KOLI) AND ORS. [2021 (4) TMI 1276 - SUPREME COURT]. Emphasizing on giving brief reasons while granting bail, it is observed by this Court in the above case that though it is a well settled principle that in determining as to whether bail should be granted, the High Court, or for that matter, the Sessions Court deciding an application under Section 439 Cr.P.C. would not launch upon a detailed evaluation of the facts on merits since a criminal trial is still to take place. It is further observed that however the Court granting bail cannot obviate its duty to apply a judicial mind and to record reasons, brief as they may be, for the purpose of deciding whether or not to grant bail. Considering the fact that respondent No.2 is a history sheeter and is having a criminal antecedent and is involved in the double murder of having killed the father and brother of the informant and the trial of these cases is at the crucial stage of recording evidence and there are allegations of pressurizing the informant and the witnesses, the impugned judgment and order passed by the High Court releasing the respondent No.2 on bail is absolutely unsustainable and the same cannot stand. The High Court has not at all considered the gravity, nature and seriousness of the offences alleged. The impugned judgment and order passed by the High Court releasing the respondent No.2 on bail is hereby quashed and set aside - Petition allowed.
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