NEW DELHI: The Supreme Court has come down heavily on High Courts for granting bail to accused without giving any reasons even in the case of heinous crimes.

A Bench of Justice Arijit Pasayat and Justice Arun Kumar said High Courts should exercise proper application of mind. While dealing with bail applications, detailed examination of evidence and elaborate documentation of the merits of the case should be avoided. Yet the court should be satisfied that there was a prima facie case.

Citing an earlier ruling, the Bench said the High Court should not desist from indicating the grounds on which bail was granted so that when matters were taken on appeal, the appellate court would know the reasons.

It said: "The reasons need not be very detailed or elaborate, lest it may cause prejudice to the case of the parties, but must be sufficiently indicative of the process or reasoning leading to the passing of the bail order. The need for delivering a reasoned order is a requirement of law which has to be complied with in all appealable orders."

The Bench said: "It may be convenient for the court to pass orders without indicating the grounds or basis but it certainly is not convenient for the court of appeal while considering the correctness of such impugned orders."

The Judges said while granting bail the courts should exercise their discretion in a judicious manner and not as a matter of course. "There is a need to indicate in the order, reasons for prima facie concluding why bail was being granted, particularly where an accused was charged of having committed a serious offence," they said.

The Bench laid down some guidelines for the courts to follow while dealing with bail matters. It said: "The courts should consider among other factors, the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence; reasonable apprehension of tampering of the witness or apprehension of threat to the complainant and prima facie satisfaction of the court in support of the charge."

It set aside a non-speaking order passed by the Allahabad High Court while granting bail to an accused. It cancelled the bail and directed that he be taken into custody forthwith.

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