In a criminal proceedings initiated before any Court, the State or the Union is represented by a Public Prosecutor. The Public Prosecutor who is an counsel representing interest of the State or the Union as the case may be has a critical role in leading the Trial and also in the matter of Bails.
The Public Prosecutor in the matter of bail relies upon the reply on the Bail Application filed by the Investigating Agency, which in either case be Police Machinery to any other enforcement authorities like Enforcement Directorate or NCB (Narcotics Control Beureau).
The Hon Supreme Court in Gajanand Agarwal Vs State of Orissa, 2006 (12) SCC 131 : AIR 2006 SC 3248 held that
“In many cases courts by recording the concessions shown by the counsel in the criminal proceedigs refrain from assiging any reason even in orders by which it reverses the orders of lower courts. This is not proper practise as appellate court may be approached by any party aggrieved by the Order where the Appellate Court would have no opportunity to appreciate the ground on which the bail was granted. The High Court should not, unless for very good reasons desist from indicating the grounds on which their orders are based because when the matters are brought up in appeal, the court of appeal has every reason to know the basis on which the impugned order has been made. It may be that while concurring with the lower court’s order, it may not be necessary for the said appellate court to assign reasons but this is not so while reversing such orders of the lower courts. It may be convenient for the said court to pass orders without indicating grounds or basis but it certainly is not convenient for the court of appeal while considering the correctness of such impugned orders. The reasons need not be very detailed or elaborate , lest it may cause prejudice to the case of the parties, but must be sufficiently indicative of the process of reasoning leading to the passing of the impugned order. The need for delivering a reasoned order is a requirement of law, which has to be complied with in all appealable orders.’
