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The court has to assess the seriousness of the crime when granting bail to the defendant: SC | India News


NEW DELHI: A court has to assess the seriousness of an alleged crime while a defendant is released on bail and the warrant without cause is fundamentally contrary to the rules governing the judicial process, the Supreme Court has said.
A bench headed by Judge DY Chandrachud made the observation while overturning an order from the Allahabad high court granting bail to a man accused in a dowry death case.
“The higher court cannot ignore, in a case like this one, the seriousness of the alleged crime, in which a woman has met an unnatural end within a year of marriage.
“The seriousness of the alleged crime must be assessed in the context of the allegation that she was being harassed for dowry; and that a telephone call was received from the accused in the vicinity of the moment of death, making a claim, “said the court, which is also made up of Judge MR Shah.
The higher court said there are specific allegations of harassment against the defendants on dowry grounds.
“An order without grounds is fundamentally contrary to the norms that govern the judicial process. The administration of criminal justice by the High Court cannot be reduced to a mantra containing a recitation of general observations. “That there has been a judicious application of mind by the judge deciding an application under Section 439 of the CrPC must arise from the quality of reasoning that is embodied in the order granting the bond,” the court said.
The higher court said that while the reasons may be brief, it is the quality of the reasons that matters most. “That is because the reasons in a court order unravel the thought process of a trained judicial mind. We are obliged to make these observations because the reasons indicated in the judgment of the National High Court in this case are increasingly known in the cases that come before this Court.
“It is time for this practice to be discontinued and for the reasons in support of bail orders to be matched by a judicial process that adds credibility to the administration of criminal justice,” the court said.
The superior court annulled the order of the superior court that said: “Considering all the facts and circumstances of the case, the presentations of the parties’ lawyers and taking into account the nature of the crime, the evidence, the complicity of the accused and without expressing an opinion some on the merits of the case, the Court is of the opinion that the plaintiff has presented a bond case “.
The deceased woman’s brother alleged in the FIR that at the time of the marriage, a cash amount of Rs 15 lakhs, a motor vehicle and other household items were provided as a dowry, however they sought more money.
A case was registered under sections 498-A (husband or relative of the husband of a woman who subjected her to cruelty) and 304-B ​​(death by dowry) of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act of 1861.

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