Dhruv K. Jaiswal Vs. State of Bihar - Court Judgment

Excerpt:

- order1. the petitioner is involved in a murder case and was taken into custody on 21-2-1988. according to the learned counsel the petitioner continues to be in custody even though the investigating agency has laid the final report. the impugned order has been passed on a bail application filed by the petitioner. the order reads thus :heard counsel for the parties.considering the facts and circumstances of the case, i do not find any merit in this application. it is accordingly dismissed.2. we are unable to find from the aforesaid order as to any reason why the learned judge did not find any merit in the application for bail. learned counsel for the petitioner adhered certain grounds to release the petitioner on bail. we do not know whether he urged such grounds before the high court, as the impugned order is silent about it. in such a situation we feel that a more feasible course is to permit the petitioner to move the high court again. if any such application is filed we request the high court to pass a reasoned order while disposing of the application. with the aforesaid observations the slp is dismissed.

Judgment:

ORDER

1. The petitioner is involved in a murder case and was taken into custody on 21-2-1988. According to the learned Counsel the petitioner continues to be in custody even though the Investigating Agency has laid the final report. The impugned order has been passed on a bail application filed by the petitioner. The order reads thus :

Heard counsel for the parties.

Considering the facts and circumstances of the case, I do not find any merit in this application. It is accordingly dismissed.

2. We are unable to find from the aforesaid order as to any reason why the learned Judge did not find any merit in the application for bail. Learned Counsel for the petitioner adhered certain grounds to release the petitioner on bail. We do not know whether he urged such grounds before the High Court, as the impugned order is silent about it. In such a situation we feel that a more feasible course is to permit the petitioner to move the High Court again. If any such application is filed we request the High Court to pass a reasoned order while disposing of the application. With the aforesaid observations the SLP is dismissed.