2005 (9) TMI 680

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....earned Single Judge of the Allahabad High Court, Lucknow Bench. 3. Factual position, as highlighted by the appellant is as follows: On 26.4.2002, the respondent No. 1 and others in pursuance of their common object, surrounded Jamaluddin, husband of the appellant, (hereinafter referred to as the 'deceased') while he was coming by scooter along with the appellant and their daughter. Because of some previous litigations, respondent No. 1-accused had animosity with the deceased and with the intention of causing his death the respondent No. 1-accused who was armed with a double barrel gun shot at the deceased. Others also participated in the attack. The informant and her daughter started crying for help hearing which co-villa....

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....ounsel appearing for the State-respondent No. 2 supported the stand of the appellant and submitted that this is not a case where bail is to be granted. It is pointed out that the respondent No. 1 is implicated in several cases involving heinous crimes and even proceedings under Goonda Act have been initiated. 5. We find that the High Court had disposed of the bail application without indicating any reason and in a very cryptic manner. The entire order reads as follows: "Heard learned counsel for the parties. Considering the overall facts and circumstances, I find this is a fit case for bail, let applicant Sher Mohd. be enlarged on bail in Crime No. 149 of 2002 under Sections 147/148/149/504/302 IPC P.S. Amethi, District....

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....o know the basis on which the impugned order has been made. It may be that while concurring with the lower court's order, it may not be necessary for the said appellate court to assign reasons but that is not so while reversing such orders of the lower courts. It may be convenient for the said court to pass orders without indicating the grounds or basis but it certainly is not convenient for the court of appeal while considering the correctness of such impugned orders. The reasons need not be very detailed or elaborate, lest it may cause prejudice to the case of the parties, but must be sufficiently indicative of the process of reasoning leading to the passing of the impugned order. The need for delivering a reasoned order is a requirem....