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Apex court directive to lower courts

Legal Correspondent

New Delhi: The Supreme Court has asked the lower courts, including High Courts, not to give detailed orders while allowing or rejecting bail applications.

A Bench of Justice B.P. Singh and Justice H.S. Bedi said, "It is no doubt true that in appropriate cases particularly in serious matters, the High Court may record reasons, but the High Court while recording reasons must take care to safeguard against prejudicing the case of the parties. The recording of reasons, wherever necessary, is only to indicate the considerations that may have weighed with the court in passing the order and the court must do so in a manner that may not prejudice the case of the parties. The trend recently noticed, to virtually write a judgment while disposing of an application for grant of bail must be discouraged."

In the instant case, the Bench said the Allahabad High Court, while granting bail to Habibullah went on to record a very detailed reasoned order virtually holding that the prosecution case has no merit.

"Such observations either for or against the prosecution, made in orders while disposing of bail applications may prejudicially affect the interest of the parties. In case a trial is pending before the Sessions Court, the trial judge may consider itself bound by the observations made in such an order. In any event such observations are bound to influence the court's mind."

The Bench disposed of the appeal filed by Imran Ali challenging the grant of bail to the respondents.

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