Supreme Court of India · 2017-12-14
Prem Giri vs The State Of Rajasthan
- Citation / case number
- AIR 2018 SUPREME COURT 179
- Court
- Supreme Court of India
- Petitioner
- Prem Giri
- Respondent
- The State Of Rajasthan
- Author
- Abhay Manohar Sapre
- Bench
- Abhay Manohar Sapre, R.K. Agrawal
Judgment text excerpt
The Supreme Court held that the High Court's dismissal of the bail application under Section 438 of the Code of Criminal Procedure, 1973, was flawed due to the absence of judicial reasoning. The Court emphasized that a mere general observation without specific reasoning does not meet the legal standards for rejecting bail applications, particularly in serious offences. Consequently, the Supreme Court set aside the High Court's order and directed that the bail application be reconsidered with proper reasoning.