SHAKUNTALA SHUKLA versus STATE OF UTTAR PRADESH AND ANOTHER

Citation: [2021] 6 S.C.R. 87 · Decided: 07-09-2021 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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SHAKUNTALA SHUKLA
v.
STATE OF UTTAR PRADESH AND ANOTHER
(Criminal Appeal No. 876 of 2021)
SEPTEMBER 07, 2021
[DR. DHANANJAYA Y. CHANDRACHUD
AND M. R. SHAH, JJ.]
Bail – Murder case – Conviction of accused-private
respondents a/w life sentence – Appeals – Grant of bail by High
Court during pendency of the appeals – Challenged by widow of
the deceased – Held: Impugned judgment/order passed by the High
Court releasing the accused on bail pending appeal lacks total
clarity on which part of the judgment/order can be said to be
submissions and which part can be said to be the findings/
reasonings – It does not even reflect the submissions on behalf of
the Public Prosecutor – Detailed counter affidavit filed on behalf
of the State opposing the bail pending appeal was not even referred
to by the High Court – The manner in which High Court disposed
of the application u/s.389 CrPC and the application for bail
pending appeal cannot be approved – Even on merits also, the
order passed by the High Court is unsustainable – High Court
failed to note the circumstances under which right from the very
beginning efforts were made to delay/derail the investigation –
High Court also did not consider the seriousness of the offence
and the gravity of the accusation against the accused and their
antecedents and conduct by giving threats to the witnesses during
trial and even thereafter – Accused-private respondents to
surrender forthwith to serve out the sentence imposed by trial Court
– High Court to decide the pending appeals on merits – Code of
Criminal Procedure, 1973 – s.389 – Penal Code, 1860 – ss. 302/
149, 201 r/w s.120B.
Judgments/Orders – Importance and purpose of a judgment
– It is not adequate that a decision is accurate, it must also be
reasonable, logical and easily comprehensible – What the court
says, and how it says it, is equally important as what the court
decides – It is desirable that the judgment should have a clarity,
   [2021] 6 S.C.R. 87
87
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SUPREME COURT REPORTS
[2021] 6 S.C.R.
both on facts and law and on submissions, findings, reasoning and
the ultimate relief granted.
Allowing the appeals, the Court
HELD: 1. The impugned judgment and order passed by
the High Court releasing the accused on bail pending appeal
lacks total clarity on which part of the judgment and order can
be said to be submissions and which part can be said to be the
findings/reasonings. It does not even reflect the submissions on
behalf of the Public Prosecutor opposing the bail pending appeal.
A detailed counter affidavit was filed on behalf of the State
opposing the bail pending appeal which has not been even
referred to by the High Court. The manner in which the High
Court has disposed of the application under Section 389 Cr.P.C.
and has disposed of the application for bail pending appeal cannot
be approved. [Para 9.1][97-E-F]
2. Importance of judgment; purpose of judgment and what
should be contained in the judgment.
2.1. “Judgment” means a judicial opinion which tells the
story of the case; what the case is about; how the court is
resolving the case and why. “Judgment” is defined as any
decision given by a court on a question or questions or issue
between the parties to a proceeding properly before court. It is
also defined as the decision or the sentence of a court in a legal
proceeding along with the reasoning of a judge which leads him
to his decision. The term “judgment” is loosely used as judicial
opinion or decision. There are four purposes for any judgment
that is written: i) to spell out judges own thoughts; ii) to explain
the decision to the parties; iii) to communicate the reasons for
the decision to the public; and iv) to provide reasons for an
appeal court to consider. [Para 9.2][97-G-H; 98-A-C]
2.2. It is not adequate that a decision is accurate, it must
also be reasonable, logical and easily comprehensible. The
judicial opinion is to be written in such a way that it elucidates
in a convincing manner and proves the fact that the verdict is
righteous and judicious. What the court says, and how it says it,
is equally important as what the court decides. Every judgment
contains four basic elements and they are (i) statement of
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material (relevant) facts, (ii) legal issues or questions, (iii)
deliberation to reach at decision and (iv) the ratio or conclusive
decision. A judgment should be coherent, systematic and
logically organised. It should enable the reader to trace the fact

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