SC deprecates practice of passing bail orders without giving reasons

The Supreme Court has said that the administration of the criminal justice system can't be reduced to a mantra with general observations, as it deprecated the practice of granting bail to the accused without citing sufficient reasons.

"An order without reasons is fundamentally contrary to the norms which guide the judicial process. The administration of criminal justice by the High Court cannot be reduced to a mantra containing a recitation of general observations," a bench of Justices D Y Chandrachud and M R Shah said.

The top court set aside an order by the Allahabad High Court granting bail to Sonu Yadav, husband of a woman who died on February 8, 2019 within eight months of marriage allegedly due to harassment over dowry demands.

The court noted that the High Court's order of December 1, 2020, granting bail contained absolutely no reasons at all.

It said the reasons, though brief were must in a judicial order, for that unravelled the thought process of a trained judicial mind.

"We are constrained to make the observations because (lack of) reasons indicated in the judgment of the High Court are becoming increasingly familiar in matters which come to this court. It is time such a practice is discontinued and the reasons in support of orders granting bail comport with a judicial process which brings credibility to the administration of criminal justice," the bench said.

The top court said it was true that a detailed enquiry into the facts at the time of hearing bail was not required, but an application of mind to the rival submissions was necessary.

It found just one sentence in the High Court's order which stated, "Considering the entire facts and circumstances, submissions by the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits, the court is of the view that the applicant has made out a case for bail.”

The bench said that this does not constitute the kind of reasoning which is expected of a judicial order.

"The High Court cannot be oblivious, in a case such as the present, the seriousness of the alleged offence has to be evaluated in the backdrop of the allegation that she was being harassed for dowry," the bench said.

The court said the bail order must contain reasons showing that there has been a judicious application of mind by the judge.