Ali Vs. Irsan and Another  Insc 543 (13 December 2002)
Shah & D.M. Dharmadhikari. Dharmadhikari, J
Special Leave Petition (crl.) 1285 of 2002
to appeal is granted.
learned counsel appearing for the parties are finally heard on the merits of
complainant has approached this court against a laconic order passed by the
learned Single Judge of the High Court of Uttranchal granting amongst several
co- accused, bail to accused-respondent herein who is facing trial with others
in Crime No.148 of 2001 for offences under Section 302, 307, 323 read with
Sections 147,148 and 149 of the Indian Penal Code.
provisions of Criminal Procedure Code confer discretionary jurisdiction on
criminal courts to grant bails to accused pending trials or in appeals against
the jurisdiction is discretionary it is required to be exercised with great
care and caution by balancing valuable right of liberty of an individual and
the interest of the society in general. In granting or refusing the bail, the
courts are required to indicate, may be very briefly, the reasons for grant or
refusal of bail. The jurisdiction has not to be exercised in a casual and
cavalier fashion as has been done by the learned judge in this case.
counsel appearing for the complainant severely criticizes the order impugned
granting bail to the respondent-accused. It is submitted that respondent-Irsan
was on bail pending Criminal Appeal No.78 of 1998 filed by him with four
co-accused persons. It is during the bail period that he is alleged to have
committed the offence of murder of Dr. Ayyub and injured Kayyum and Kalloo.
to the seriousness of the offence and nature of allegations, Sessions Judge, Haridwar,
rejected the bail application on 31.10.2001.
learned Judge by his order dated 20.11.2001 granted bail to respondent-Irsan
and has not indicated why he considered it fit to grant bail to only one of the
not apparent from the impugned order that the learned judge has given due
consideration to relevant factors like the nature of the accusation, the
evidence collected by the prosecution, the character, behaviour, antecedents
and standing of the accused.
the judgment rendered by the High Court. We were also inclined to undertake the
exercise of going through the police papers and the evidence so far recorded by
the trial court to consider the prayer of complainant for cancellation of bail
but we refrain from doing so because learned counsel appearing for respondent
accused Irsan informs that the Sessions trial in which the accused was enlarged
on bail is proceeding with expedition and major part of evidence has been
aforesaid circumstances, we direct the learned Sessions Judge, conducting the trial
of the case to consider the present application of the complainant for
cancellation of bail on the basis of the police papers and the evidence so far
recorded in the case. We leave it to the judicious discretion of the learned
Sessions Judge to continue the bail or cancel the same after hearing the
counsel for the prosecution and the accused.
appeal, thus, stands disposed of.