NEW DELHI: Even a courtroom must assess the severity of an alleged offence when granting bail to an accused and arrangement without motives is fundamentally against the standards which direct the judicial procedure, that the Supreme Court has stated. A bench headed by Justice D Y Chandrachud made the observation when setting apart an Allahabad high court order that allowed bail to a person accused in a dowry death case. “The large court cannot be unaware, in a situation like the present, of the seriousness of the alleged threat, in which a lady has fulfilled with an unnatural end in a year of marriage. “The seriousness of the alleged offence needs to be assessed in the background of their allegation that she had been harassed for dowry; also that a phone call was received by the accused of close-proximity into the period of passing, creating a need,” the seat also containing Justice M R Shah explained. The apex court stated there are certain allegations of harassment from the accused on the floor of dowry. “An arrangement without motives is fundamentally against the standards which direct the judicial procedure. The management of criminal justice from the High Court cannot be reduced to some headline comprising a recitation of overall observations. “That there’s been a judicious use of mind from the judge who’s choosing an application under Section 439 of the CrPC should emerge in the character of the justification that’s embodied in the order granting bail,” the bench said. The top court stated that although the motives could be short, it’s the characteristic of the motives which things the most. “That’s because the motives in a judicial arrangement summarizes the thought process of an licensed judicial thoughts. We’re constrained to produce these observations since the reasons indicated in the conclusion of the High Court in this situation are becoming more and more familiar in things that come to the Court. ” It’s time that this kind of practice is stopped and the grounds in aid of requests granting bail comport having a judicial procedure which brings authenticity to management of criminal justice,” the bench said. The very best court set aside from the large court order that stated,” representing the whole details and circumstances of the situation, submissions of learned counsel for the parties and keeping in view the nature of offence, signs, complicity of detained and never expressing any opinion concerning the merits of this situation, that the Court is of the opinion that the candidate has created a case for bond.” The brother of the deceased girl alleged in the FIR that in the time of this union, a cash quantity of Rs 15 lakhs, a motor vehicle as well as other family articles were supplied at dowry, but they sought more cash. A case was filed under divisions Sections 498-A (spouse or relative to husband with a woman subjecting her to cruelty) and also 304-B (dowry death) of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act 1861.
Court Must Appraise seriousness of offence when granting bail to accused: SC
