RAMACHANDRA KANTHARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) WE have heard the learned counsel for the petitioners and the learned Additional Government Advocate.

(2.) IN our view, in the circumstances of the case, the petitioner No. 1, namely, Ramachandra Kanthari, should be admitted to bail. As the other petitioner is alleged to have assaulted the deceased to death, we are not inclined to admit him to bail.

(3.) WE notice that while rejecting the application for bail, the learned Additional Sessions Judge did not refer to the materials placed before him against both the petitioners, and passed a cryptic order. A Court of Session, while considering an application for bail, should pass a reasoned order although there should not be a detailed examination of the case on merits as that might prejudice either party and the quality and effect of the materials are not to be gone into. It should refer to the materials on record which would prima facie show as to whether there are reasonable grounds for believing that a person is guilty of the offence.