State of Uttar Pradesh Vs. Jagdish Singh and Others
EmailAppeal: Criminal Appeal No. 291 of 1988.
(Arising out of Special Leave Petition (Criminal) No. 3459 of 1987)
(Arising out of Special Leave Petition (Criminal) No. 3459 of 1987)
Petitioner: State of Uttar Pradesh
Respondent: Jagdish Singh and Others
Apeal: Criminal Appeal No. 291 of 1988.
(Arising out of Special Leave Petition (Criminal) No. 3459 of 1987)
(Arising out of Special Leave Petition (Criminal) No. 3459 of 1987)
Judges: R.S. PATHAK, CJI., S. NATARAJAN & M.N. VENKATACHALIAH, JJ.
Date of Judgment: Apr 26, 1988
Head Note:
CRIMIANL LAW
Practice and Procedure
Criminal appeal – When the High Court disposes of a Criminal Appeal it should set forth the reasons, even though briefly – That is a requirement necessitated by the plainest considerations of justice.
JUDGEMENT:
O R D E R
1. Special leave to appeal is granted.
2. This Court has observed before, in more than one case, that when the High Court disposes of a Criminal Appeal it should set forth the reasons even though briefly, in its order. That is a requirement necessitated by the plainest considerations of justice. We are constrained to remark that the repeated observations of this Court have not received the attention which they deserve. The impugned order before us does not disclose the reasons for making it. We trust that it will not be necessary for us to make these observations in any future case.
3. The impugned order dated 27 March, 1987 of the High Court is set aside and the case is remanded to the followed by an order setting forth the reasons therefor.
4. The respondents shall be released on bail forthwith to the satisfaction of the learned Special Sessions Judge, Muzaffarnagar. It will be open to the High Court to make such further orders as it considers in regard to the continuation of bail or cancellation of bail to the accused.
5. The appeal is allowed accordingly.
1. Special leave to appeal is granted.
2. This Court has observed before, in more than one case, that when the High Court disposes of a Criminal Appeal it should set forth the reasons even though briefly, in its order. That is a requirement necessitated by the plainest considerations of justice. We are constrained to remark that the repeated observations of this Court have not received the attention which they deserve. The impugned order before us does not disclose the reasons for making it. We trust that it will not be necessary for us to make these observations in any future case.
3. The impugned order dated 27 March, 1987 of the High Court is set aside and the case is remanded to the followed by an order setting forth the reasons therefor.
4. The respondents shall be released on bail forthwith to the satisfaction of the learned Special Sessions Judge, Muzaffarnagar. It will be open to the High Court to make such further orders as it considers in regard to the continuation of bail or cancellation of bail to the accused.
5. The appeal is allowed accordingly.
