TMI Blog2008 (1) TMI 999X X X X Extracts X X X X X X X X Extracts X X X X ..... uld not be disposed of at this, stage. 3. The learned Counsel for the appellant submitted that on May 3rd, 2007, Criminal Appeal No. 592-SB of 199 7 was placed on Daily Board of the High Court showing them to be 'Motion petitions'. It was, therefore, submitted that the case was not placed for regular final hearing. It was, however, taken up for final hearing. One Mrs. Harpreet Kaur Dhillon, Advocate was appointed as Amicus Curiae for the accused who was heard and the matter was disposed of. The order which was passed by the High Court reads as under: Present: Mrs. Ritu Punj, DAG, Haryana. Mrs. Harpreet Kaur Dhillon, Advocate is appointed as Amicus Curiae. Heard. Dismissed, reasons to follow. (emphasis s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, deprecated the practice of pronouncing final order without recording reasons in support of such order. 6. Before more than two decades, in State of Punjab v. Jagdev Singh Talwandi 1984CriLJ177 , the Court said: We would like to take this opportunity to point out that serious difficulties arise on account of the practice increasingly adopted by the High Courts, of pronouncing the final order without a reasoned judgment. It is desirable that the final order which the High Court intends to pass should not be announced until a reasoned judgment is ready for pronouncement. Suppose, for example, that a final order without a reasoned judgment is announced by the High Court that a house shall be demolished, or that the custody of a chil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isions of the concerned statutes. We thought it necessary to make these observations in order that a practice which is not very desirable and which achieves no useful purpose may not grow out of its present infancy. (emphasis supplied) 8. The principle was reiterated by this Court in State of Punjab v. Surinder Kumar [1992]194ITR434(SC) . Distinguishing the position of this Court and other Courts, the Court stated: On the question of the requirement to assign reasons for an order, a distinction has to be kept in mind between a court whose judgment is not subject to further appeal and other courts. One of the main reasons for disclosing and discussing the grounds in support of a judgment is to enable a higher court to examine th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of and beyond its present infancy. (emphasis supplied) 10. In our considered opinion, it would be appropriate and desirable if all Courts including High Courts keep in mind the above principles laid down by this Court and pass final orders only after recording reasons in support of such orders. 11. Learned Counsel for the appellant states that before the High Court passed the order challenged in the present appeal, the appellant-accused had throughout remained on bail. He, therefore, submitted that this Court may pass an appropriate order enlarging the appellant on bail on such terms and conditions as this Court deems fit. 12. In our opinion, however, it would not be appropriate to pass such order when we are remitting the m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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