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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 922  OF 2013 (@ SPECIAL LEAVE PETITION (CRL.) NO. 24 OF 2013)

HARI OM YADAV ... APPELLANT(S)

VERSUS

DINESH SINGH JAAT & ANR. ... RESPONDENT(S)

O R D E R

1. Leave granted.

2. This  appeal is  directed against  the judgment  and order  

passed by the High Court of Madhya Pradesh, Bench at Gwalior in  

I.A.No.7088  of  2012  in  Criminal  Appeal  No.876  of  2011,  dated  

27.09.2012. By the impugned judgment and order, the High Court has  

granted bail to the respondent No.1-herein, during the pendency of  

the appeal before it.

3. Aggrieved by the order so passed by the High Court the  

Complainant is before us in this criminal appeal.  He submits that  

the High Court, without assigning any reasons whatsoever, could not  

have exercised its discretionary power to grant bail to the accused  

person, who was involved in a double murder case, moreso when the  

appeal is still pending before the High Court for its consideration  

and decision.

4. We have heard learned counsel for the parties to the lis.

5. Having  carefully  perused  the  order  passed  by  the  High

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Court, in our opinion, the order so passed is a cryptic order. It is  

a settled position of law that an order which does not contain any  

reason is no order in the eye of law.  Therefore, the said order is  

liable to be set aside and the matter requires to be remanded back  

to the High Court for fresh disposal in accordance with law.

6. In the result, the appeal is allowed and the order passed  

by the High Court is set aside. The matter is remanded back to the  

High  Court  for  fresh  consideration  of  I.A.No.7088  of  2012  in  

Criminal  Appeal  No.876  of  2011,  in  accordance  with  law  after  

affording opportunity of hearing to both the parties.   

7. During the pendency of this application, the respondent  

who was earlier granted bail, will now surrender before the police  

authorities. The High Court is requested to dispose of the said  

application as early as possible at any rate within an outer limit  

of two months from the date of receipt of a copy of this Court's  

order.

8. The Criminal Appeal is disposed of accordingly.

Ordered accordingly.    

...................J. (H.L. DATTU)

...................J. (DIPAK MISRA)

NEW DELHI; JULY 12, 2013