9911796707
TMI Blog2004 (8) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... oilable Offence means any other offence. Though a conclusive finding in regard to the points urged by the parties is not expected of the Court considering the bail application, yet giving reasons is different from discussing merits or demerits. As noted above, at the stage of granting bail a detailed examination of evidence and elaborate documentation of the merits of the case has not to be undertaken. But that does not mean that while granting bail some reasons for prima facie concluding why bail was being granted is not required to be indicated. Above being the position, the cryptic non-reasoned order of the High Court, is clearly indefensible. The impugned order of the High Court is set aside. The bail bonds of the respondent No. 2 - acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent to that place, he was shot at by, respondent No. 2, accused - Meer Hasan and one other accused named Wasim. Accused- respondent No. 2 shot the fatal shot. On the basis of statements made by three persons namely Nawab, Tulshi Ram and Harish Kakkar the respondent No. 2 was taken to custody. The first information report was lodged by a person who was not an eye witness. In the first information report, it was indicated that unknown assailants killed the deceased. After arrest the accused Meer Hasan filed application for bail before the learned Sessions Judge, Saharanpur, which was rejected. On being moved by the accused Meer Hagan-respondent No. 2, by the impugned judgment, a learned Single Judge has granted bail to him. 4. According to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s ; "Applicant's counsel submits that applicant is not named in the F.I.R. and subsequently his name has been disclosed in the statement recorded under Section 161 Cr.P.C. after 3 days. Considering the facts and circumstances of the case and without expressing any opinion in the merits of the case applicant is admitted to bail. Let the applicant Meer Hasan @ Faddar involved in case Crime No. 90/2003 under Sections 302/120B I.P.C. P.S. Mandi District Saharanpur be released on bail on his executing a personal bond and on furnishing two sureties each in the like amount to the satisfaction of court concerned." 8. Even on a cursory perusal the High Court's order shows complete non-application of mind. Though detailed exa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e parties is not expected of the Court considering the bail application, yet giving reasons is different from discussing merits or demerits. As noted above, at the stage of granting bail a detailed examination of evidence and elaborate documentation of the merits of the case has not to be undertaken. But that does not mean that while granting bail some reasons for prima facie concluding why bail was being granted is not required to be indicated. 12. Above being the position, the cryptic non-reasoned order of the High Court, is clearly indefensible. 13. The impugned order of the High Court is set aside. The bail bonds of the respondent No. 2 - accused are cancelled and he is directed to surrender to custody forthwith and in case he does no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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