The Apex Court observed that consent of parties would not justify the act of High Court to not indicate the reasons for granting or refusing the bail.
The bench stated that parties’ consent cannot obviate a High Court from applying its judicial mind and mention the reasons for its decision for granting or refusing a bail application.
In the instant case, the High Court of Gujarat had granted bail under Section 439 of CrPC to six murder accused who had been arrested as they were alleged to have been involved in homicidal death of five individuals.
While granting the bail, the High Court recorded that the parties did not press on providing the reasons for the decision. The apex court did not approve of this approach and observed that though High Courts or Session Courts are not expected to evaluate the facts as trial is yet to take place, they can apply their judicial mind and give reasons, be it in a brief manner, for coming up to this decision.
The bench also stated that proper enforcement of criminal law is for the benefit of public interest and for safeguarding the interests of victim and its families.
The bench ruled that such orders could not be prevented from judicial scrutiny and the courts should apply judicial mind before deciding matters which bear the tendency to affect larger public interest.
The bench also stated that though granting bail under Section 439 is discretionary in nature, it should be exercised in a judicious manner, and meet the standards of reason and justice.
The bench highlighted that the gravity and severity of offence should also be taken into consideration before giving such an order.
The bench thus considered the observations made by Gujarat High Court to be erroneous and inappropriate.
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