Think twice before granting bail: Supreme Court

New Delhi, Aug 5: The Supreme Court has directed that a court must give reasons while granting bail particularly where an accused is facing allegations of involvement in a serious offence.

A bench comprising Justices Arijit Pasayat and D K Jain while setting aside the judgement of Rajasthan High Court in granting bail to an accused in a murder case observed that ''even on a cursory perusal, the High Court's order shows complete non-application of mind.

''Though detailed examination of the evidence and elaborate documentaion of merit of the case is to be avoided by the court while passing the orders on bail applications, yet its dealing with the bail application should be satisfied as to whether there is prima facie case, but exhaustive exploration of the merit of the case is not necessary,'' the apex court said.

The Supreme Court further stated the court dealing with the bail application is required to exercise its discretion in a judicious manner.

''There is a need to indicate in the order reasons for prima facie concluding why bail was being granted particulary where an accused was charged of having committed a serious offence,'' the apex court added.

The apex court directed accused Nasib Singh to surrender immediately and directed the High Court not to consider the bail application of him till he surrenders.

The accused hired two contract killers for killing the brother of the appellant Deepak Singhchi who had challenged the High Court's order granting bail to the accused whose bail application was rejected by the sessions court.

The Supreme Court in its judgement dated August 3 also noted while granting bail the court must consider first the nature of accusation and severity of punishment in case of conviction and the nature of supporting evidence. Then it must keep in mind reasonable apprehension of tampering with the witness or apprehension of threat to the complainant.

UNI