Order must be speaking orders: SC

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Delhi, on 02/05/2018 Supreme Court remanded the case to the High Court because it was noticed that the High Court while dismissing the application had not assigned any reason in support of the dismissal.

A speaking order is an order that speaks for itself. The order should stand the test of legality, fairness and reason at all the higher appellate forums. That is, the order should contain all the details of the issue, clear findings and a reasoned order. Such an order that speaks for itself is called a speaking order.

High Court, by impugned order dated 05.02.2018 in S.B.Crl. Misc. Bail No. 9471/2017, without setting out the facts and assigning any reasons, dismissed the appellant’s bail application, which has given rise to filing of appeal by way of special leave in Supreme Court by the appellant.

Supreme court allow the appeal, set aside the impugned order dated 05.02.2018 and remand the case to the High Court with a request to decide the bail application filed by the appellant afresh on merits in accordance with law.

By – By- Aman Kumar Sharma, Student Reporter, INBA

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