2004 (2) TMI 730

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the first respondent and some other accused persons attacked the appellant and some others on 14th of August, 2002 at about 10.30 a.m. in village Bedi near Jamnagar, consequent to which attack one of the victims Anwar Ala Chamadiya died and others suffered injuries. In regard to this incident, the appellant filed the above mentioned criminal complaint which was registered by the Jamnagar Police Station for offences punishable under Sections 302, 324, 325, 147, 148 and 149 IPC as also under Section 25(1) of the Arms Act and Section 135(1) of the Bombay Police Act. On coming to know of the death of above said Anwar Ala Chamadiya, the Investigating Agency added Section 302 IPC also. On being arrested on the above charges, the first respondent ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he appellant contended that all the conditions imposed by the High Court in the impugned order were also imposed by the courts which granted the first respondent the bail in the other criminal cases and the first respondent inspite of such conditions has violated the same with impunity. He pointed out that the learned Sessions Judge while rejecting the prayer for bail had noticed these cases, but the High Court did not take the same into consideration. He also pointed out from another judgement of the learned Sessions Judge, Jamnagar made on 20th of May, 2003 the court had noticed that this respondent has violated the conditions imposed on him while granting the bail in the said case, hence, has cancelled the bail. The learned counsel also ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....and Sections 506(2), 325, 324, 307, 147, 326, 504 etc. of IPC, apart from offences under the Prohibition Act. It is also an admitted fact that the complaint in the present case is made against the first respondent and others when first respondent was on bail granted to him in other cases. It is also an admitted fact that in one of the cases bail granted to the first respondent has been cancelled by the learned Sessions Judge on the ground that he has violated the conditions of bail. We are informed at the bar subsequently he has come out on bail in that case also. Be that as it may, from the nature of allegation made in this case which involves the death of one of the victims and from the nature of weapon used in the said crime and in the b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the lower courts. The High Court should not, unless for very good reasons desist from indicating the grounds on which their orders are based because when the matters are brought up in appeal, the court of appeal has every reason to know the basis on which the impugned order has been made. It may be that while concurring with the lower courts' 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 ....