Excelsior Correspondent
SRINAGAR, July 6: High Court has set aside the order of the trial court and directed it to decide the bail application on merits by recording that the order of court while deciding any plea should be well reasoned or else it becomes bad in law.
Justice Sanjay Dhar disposed of a petition with a direction to Sessions Judge Budgam to decide the bail application pending before him on its merits after hearing the parties by the law. Court has kept the order of protection granted to the petitions in operation till the court below decides the bail application finally on merits.
The order of trial court was challenged in which extension of anticipatory bail to accused was declined by the Session Court Budgam by observing that the order under challenge is passed without giving any reason therein which is ban in law.
Justice Dhar said the Sessions Judge, Budgam while declining to extend the interim protection to the petitioners had not assigned any reason much less any cogent reason in his order which affects the rights of a party.
The Court said it has to be reasoned and in absence of a reason it becomes unsustainable in the eyes of the law and the Sessions Judge had not at all assigned any reason for declining to extend the interim protection granted to the petitioners.
These observations were passed by the court after the counsel appearing for the petitioner-accused submitted that the petitioner and the co-accused had approached the court of Principal Sessions Judge, Budgam seeking bail in anticipation of their arrest.
He submitted that on May 25, 2022, the interim protection was granted in their favour which was valid till June 10, and thereafter it was extended up to June 27. He apprised the court that on that date, the Sessions Judge extended the interim protection to the three co-accused but declined to extend interim protection to the petitioners in cases related.
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