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Supreme Court: High Court shall give Reasons while rejecting Bail under Section 302 IPC

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Bail Law Insider

Mitali Palnitkar

Published On: February 25, 2022 at 16:23 IST

The Supreme Court observed that in the Case of Murder under Section 302 of the Indian Penal Code (IPC), the High Court is expected to give some reason for reversing the Trial Court’s Order which had rejected the Bail Application by a reasoned Order.

The Bench comprised Justices Vineet Saran and Aniruddha Bose. It was considering a Special Leave Petition (SLP) assailing an Order of Allahabad High Court dated August 2, 2021 of granting Bail to the Accused in a First Information Report (FIR) registered under Section 302 of Indian Penal Code.

The High Court while granting Bail had stated “Impugned Order” without giving any reason for granting the Bail. The Appeal was filed by the brother of the deceased.

The Supreme Court perused the Impugned Orders and noted that the High Court did not mention any reason for granting Bail to the Accused. It pointed out that in the Case the nature of Offence was very grave and if such reasons were accepted for granting Bail then probably Bail would be granted in all Cases.

The Supreme Court directed the Trial Court to expedite the Trial and to conclude it within 8 months from the receipt of the Order Copy.

It further asked the Appellants not to seek any Adjournment before the Trial Court. Also, the Respondent was granted liberty to file a fresh Bail Application before the Trial Court if the Court failed to conclude the Trial within 8 months.