Case Law Details
Nelson Raj Vs Indrajith C @ Ajith (Karnataka High Court)
I have perused the order passed by the Special Court rejecting the petition seeking bail filed under Section 439 of Cr.P.C. The impugned order falls short of such reasoning for dismissing the bail petition. The learned Special Judge has not adverted to the various contentions stated to have been raised by the appellants counsel, except stating that accused are alleged to have committed a brutal murder of deceased and a prima facie case is made out against the accused etc. When a bail petition is filed, the Court is bound to take into consideration all the contentions raised and pass an appropriate order. It is necessary to look into the material on record which prima facie connects the accused with the crime and adverting to those materials, Court can come to the conclusion as to whether a prima facie case has been made out or not and shall assign reasons for either allowing or rejecting a bail petition. The learned special Judge has failed to advert to the various contentions said to have been raised by the Counsel appearing for the accused before the trial Court. The reasons for rejecting the prayer for bail does not appear to be in accordance with law. In that view of the matter the impugned order passed by the trial Court is not sustainable in law. Accordingly, the following
ORDER
The order dated 25.11.2021 passed by the Court of LXX Additional City Civil and Sessions Judge and Special Judge, at Bengaluru in Special Case No.1752/2021 is hereby set aside.
The learned Sessions/Special Judge shall hear the parties concerned afresh and pass orders on the bail application, in accordance with law, as expeditiously as possible.
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