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2021 (10) TMI 755 - SC - Indian LawsMurder or death by falling in the well under the influence of liquor - giving threats for the offences under Sections 504 & 506 IPC - presumption of innocence - HELD THAT:- The order granting bail to the accused pending appeal lacks total clarity on which part of the judgment and order can be said to be submissions and which part can be said to be the findings/reasonings. It does not even reflect the submissions on behalf of the Public Prosecutor opposing the bail pending appeal. A detailed counter affidavit was filed on behalf of the State opposing the bail pending appeal which has not been even referred to by the High Court. The manner in which the High Court has disposed of the application under Section 389 Cr.P.C. and has disposed of the application for bail pending appeal cannot be approved. It is very unfortunate that by this judgment, we are required to observe the importance of judgment; purpose of judgment and what should be contained in the judgment. It is not adequate that a decision is accurate, it must also be reasonable, logical and easily comprehensible. The judicial opinion is to be written in such a way that it elucidates in a convincing manner and proves the fact that the verdict is righteous and judicious. What the court says, and how it says it, is equally important as what the court decides - there is a total lack of clarity on the submissions, which part of the order is submission, which part of the order is the finding and/or reasoning. Even, the High Court has also not considered the seriousness of the offence and the gravity of the accusation against the accused and their antecedents and conduct by giving threats to the witnesses during trial and even thereafter. The High Court ought to have noted that when the High Court released the accused on bail pending appeal, they have undergone only 8 months sentence against the life sentence imposed by the learned trial Court. Even on merits also, the High Court has committed a grave error in releasing the accused on bail pending appeals against the judgment and order of conviction for the offences under Sections 302/149, 201 r/w 120B IPC - Appeal allowed.
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