SC: Granting bail without assigning reasons amounts to jurisdictional error

The Hon’ble Supreme Court, on 29thJuly 2019, in the matter of Mauji Ram v. State of Uttar Pradesh & Anr. observed that although giving a categorical finding while considering a bail order may not be necessary for want of evidence, however, from a perusal of the bail order it must appear that the Court has applied its mind to the relevant facts in the light of the material filed by the prosecution at the time of consideration of bail application.

The Hon’ble Supreme Court observed that:

It amounts to a jurisdictional error if the High Court does not assign any reason whatsoever as to on what grounds, even though of a prima facie nature, it considers just and proper to grant bail.(This inference has been drawn on the basis of Para 12)

Though it may not be necessary to give categorical finding while granting or rejecting the bail for want of full evidence adduced by the prosecution as also by the defence at that stage yet it must appear from a perusal of the order that the Court has applied its mind to the relevant facts in the light of the material filed by the prosecution at the time of consideration of bail application. (Para 13) 

Copy of judgement: Judgement_29-Jul-2019

-Tushar Kaushik

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