Jaipur: In a significant judgment reinforcing judicial accountability, the Rajasthan High Court has ruled that bail orders cannot be passed mechanically or without assigning reasons, observing that recording reasons is an essential part of the judicial process.
The bench of Justice Pramil Kumar Mathur observed that merely recording that arguments were heard and the case diary was perused does not constitute a valid judicial order.
A court granting bail must demonstrate application of mind by considering the nature and gravity of the allegations, the accused’s prima facie involvement, the likelihood of tampering with evidence or influencing witnesses, the possibility of absconding, and the necessity of custodial interrogation.
The case arose from a bail cancellation application filed under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in connection with an FIR alleging offences of cheating, criminal breach of trust, forgery, use of forged documents and criminal conspiracy.
The complainant alleged that the accused had forged land sale documents using stolen notary seals and stamps and argued that the trial court granted bail without considering the material on record or recording any reasons.
The High Court, however, held that the Sessions Court had rightly declined to cancel the bail, as no subsequent circumstances such as misuse of liberty, witness intimidation or tampering with evidence were shown.
The Court reiterated that the principles governing the grant of bail and cancellation of bail are distinct and that bail cannot be cancelled merely because another view is possible on the merits.
Nevertheless, the Court found the original trial court’s bail order to be wholly unsatisfactory, noting that it lacked any discussion of the relevant considerations governing the exercise of judicial discretion. Calling such orders contrary to settled legal principles, the Court stressed that reasoned orders promote transparency, fairness and public confidence in the justice delivery system.
While dismissing the bail cancellation application, the High Court directed the Registry to place the judgment before the Hon’ble Chief Justice for appropriate consideration on the administrative side.