Unreasoned refusal of leave against acquittal is unsustainable where appellate scrutiny requires reasons and evidence-based consideration.

An appellate court considering leave to appeal against acquittal must apply its mind to the entire evidence and record reasons, even if brief, so the basis of its decision is transparent and reviewable. Where the High Court refuses leave without reasons, the refusal is unsustainable. The text notes that the trial court had also given only scant consideration to the injured witnesses' testimony and the injuries found on the accused party, and the matter therefore required reconsideration on merits. The order was set aside and the appeal against acquittal was directed to be heard afresh.

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Issues: Whether the High Court was justified in refusing leave to appeal against acquittal without recording reasons, and whether the matter required remand for decision on merits.

Analysis: The trial court had acquitted the accused with scant discussion of the testimony of the material injured witnesses and without properly addressing the significance of injuries found on members of the accused party. The High Court, while declining leave against acquittal, gave no reasons for its refusal. An appellate court dealing with an appeal against acquittal is expected to apply its mind to the entire evidence and record reasons, even if brief, so that the basis of its conclusion is apparent. The absence of reasons deprived the order of transparency and prevented scrutiny of the considerations that weighed with the High Court.

Conclusion: The refusal to grant leave against acquittal was unsustainable, and the matter was required to be reconsidered by the High Court on merits.

Final Conclusion: The appeal was allowed, the High Court's order was set aside, and the appeal against acquittal was directed to be heard afresh on merits.

Ratio Decidendi: A court dealing with leave against acquittal must record reasons and apply an appellate mind to the evidence; an unreasoned refusal is unsustainable and calls for fresh consideration on merits.

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