SUMIT TANWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Sec. 438 Cr.P.C. for the grant of anticipatory bail to the petitioner in FIR No. 208 dtd. 14/7/2020 under Ss. 395 and 34 of the IPC (Sec. 379-A was deleted and Sec. 395 added later on), registered at Police Station Sector-56, Gurugram, Haryana.

(2.) Learned counsel for the petitioner, at the very outset has referred to the order dtd. 1/6/2021 passed by the Additional Sessions Judge, Gurugarm to submit that the order is totally non-speaking reflecting non-application of mind and lacking the art of writing an order. For a reference the entire order is reproduced below:

(3.) It is a well settled procedure of law that while passing on order or a judgment, a Judge is required to notice the facts of the FIR; the role of the person seeking bail/anticipatory bail; his antecedents and the gravity of offence committed and then form an opinion in the light of the guidelines given by Hon'ble Surpeme Court in number of judgments regarding granting or dismissing the bail/anticipatory bail.