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Supreme Court of India 2018-05-02 allowed

Prem Giri vs State of Rajasthan

Bench: 2 — Abhay Manohar Sapre

In Brief

The appellant sought anticipatory bail under Section 438 of the CrPC in connection with alleged offences under the IPC. The High Court dismissed his bail application without assigning any reasons. The Supreme Court remanded the case for fresh adjudication with proper reasoning. However, on remand, the High Court again dismissed the application without setting out facts or assigning reasons, committing the same error. The Supreme Court held that this violated the requirement to provide reasoned decisions and remanded the matter once more to the High Court for a decision based on merits and in accordance with law.

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Criminal Procedure Bail Anticipatory Bail Reason Recording Judicial Review

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