सुप्रीम कोर्ट ने कहा: अदालत को जमानत देते समय विस्तार से कारण बताने की जरूरत नहीं
सुप्रीम कोर्ट ने शुक्रवार को कहा कि अदालत को जमानत देते समय विस्तृत कारण बताने की जरूरत नहीं है, खासकर जब मामला शुरुआती चरण में हो और आरोपी द्वारा किए गए अपराधों के आरोपों को पुख्ता नहीं किया गया हो। न्यायमूर्ति एल नागेश्वर राव की अध्यक्षता वाली पीठ ने कहा कि अदालत द्वारा विस्तृत विवरण दर्ज नहीं किया जा सकता है ताकि जमानत के आवेदन पर आदेश देते समय यह आभास हो सके कि मामला ऐसा है जिसमें आरोपी की दोषसिद्धि हो सकती है या बरी भी हो सकता है।
शीर्ष अदालत ने कहा कि आरोपी के खिलाफ लगाए गए आरोपों की प्रकृति, आरोप साबित होने पर सजा की गंभीरता के बीच संतुलन बनाना होगा और इसके परिणामस्वरूप दोषसिद्धि होगी। गवाहों के प्रभावित होने की आशंका, सबूतों से छेड़छाड़, अभियुक्त का आपराधिक इतिहास और अभियुक्त के विरुद्ध लगे आरोप प्रथम दृष्टया सही पाए जाते हैं, यह देखना होगा।
शीर्ष अदालत ने कहा कि जमानत के लिए एक आवेदन पर विचार करते समय अदालत को विवेकपूर्ण तरीके से और कानून के स्थापित सिद्धांतों के अनुसार एक ओर आरोपी द्वारा किए गए अपराध के संबंध में विवेक का प्रयोग करना चाहिए और दूसरी ओर इसकी निष्पक्षता सुनिश्चित करनी चाहिए।
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