Court must assess seriousness of offense while granting defendant bail: Supreme Court

The fact that the judge deciding on an application under Article 439 of the CrPC has shown a judicious application of the spirit must follow from the quality of the reasoning which is incorporated in the order granting the judgment. bail, said the bench.

The Supreme Court said that while the reasons may be brief, it is the quality of the reasons that matters most.

This is because the reasons for a court order disentangle the thought process of a trained judicial mind. We are compelled to make these observations because the reasons given in the judgment of the High Court in this case are increasingly known in the cases before the Court.

It is time for such a practice to be abandoned and for the grounds for bail orders to include a judicial process that brings credibility to the administration of criminal justice, said the bench.

The superior court overturned the order of the high court which said: Having regard to all the facts and circumstances of the case, the observations of the learned counsel for the parties and having regard to the nature of the offense, the evidence, complicity of the accused and without expressing an opinion on the merits of the case, the Court is of the opinion that the applicant pleaded in favor of release on bail.

The brother of the deceased woman alleged in the FIR that at the time of the marriage a cash amount of 15 lakh rupees, a motor vehicle and other household items were provided as a dowry, but they were looking for more money. .

A case was registered under Sections 498-A (husband or relative of the husband of a woman subjecting her to cruelty) and 304-B ​​(death by dowry) of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act 1861.

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