Code of Criminal Procedure, 1973: s.439 – Bail – Prosecution
case was that the accused brutally killed brother of the complainant
in a pre-planned manner – 26 injuries were found on the body of
the victim-deceased and 11 injuries on brother of the deceased
caused by blunt and sharp weapons – Complainant filed instant
appeal challenging the bail granted by High Court on the ground
that no reasons whatsoever were assigned by High Court while
releasing the accused on bail – Held: Except narrating the
submissions made on behalf of the accused and the public prosecutor
and the complainant, there was no independent application of mind
by the High Court and as such no reasons whatsoever were assigned
by the High Court releasing the accused on bail, that too in a case
where the accused were facing charges for offences punishable
under ss.302 and 307 read with s.149 of the IPC and the other
offences in which one person was killed and another person was
seriously injured – High Court did not at all take into consideration
the facts of the case; the nature of allegations; gravity of offences
and role attributed to the accused – As a matter of fact, there was
no discussion or analysis of circumstances at all – The impugned
order passed by the High Court can be said to be perverse and
suffers from non-application of mind to the relevant factors to be
considered while grant of bail – Interference warranted.