THE STATE OF JHARKHAND v. ANIL GANJHU, 2024 (SC) 459
FACTS: The State of Jharkhand challenged the High Court's bail order granted to the respondent, who was accused of murder and alleged to be a member of the extremist organization TPC. The State argued that the High Court's bail order was non-speaking and failed to address the severity of the charges, including the respondent's seven-year period of abscondence. The State's counsel contended that the bail order should be set aside due to these issues.
ISSUE: Whether the bail order suffers from a non-application of mind or lacks a prima facie basis in the evidence on record.
OBSERVATION: The Court noted that the High Court had not provided reasons for granting bail, which is essential for exercising discretionary power. The Court emphasized that a bail order must consider all relevant factors, and an appellate court can overturn such an order if it finds that relevant factors were ignored. Consequently, the Supreme Court remitted the matter to the High Court for reconsideration, stressing that a bail order must be based on a proper evaluation of the evidence and relevant considerations.