Cessante Ratione Legis Cessat Ipsa Lex

Posted on by Rudrajyoti Nath Ray

Manoj Kumar Khokhar v. State of Rajasthan, 2022 SCC OnLine SC 30 and Jaibunisha v. Meharban, 2022 SCC OnLine 58 after duly acknowledging, liberty of an individual is an invaluable right, held, granting bail, if passed in a casual and cryptic manner, de hors reasoning which would validate grant of bail, is liable to be set aside. Latin maxim ‘cessante ratione legis cessat ipsa lex’, meaning ‘reason is soul of law, and when reason of any particular law ceases, so does law itself’, is apposite.

Court, deciding on bail, cannot completely divorce its decision from material aspects such as – allegations made; severity of punishment if allegations are proved; reasonable apprehension of witnesses being influenced; tampering of evidence; criminal antecedents; prima­ facie satisfaction of Court in support of charge.

High Court has not taken into account even a single material aspect.

– Hon’ble Justice B.V. Nagarathna, Kamla Devi v. State of Rajasthan, [Criminal Appeal No. 342 of 2022].

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Also see, Vishal Ashwin Patel v. Assistant Commissioner of Income Tax, [Civil Appeal No. 2200 of 2022] decided on 28.03.2022 and K. Srinivasappa v. M. Mallamma, [Civil Appeal No. 3486-3488 of 2022] decided on 18.05.2022.

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Brijmani Devi v. Pappu Kumar, (2022) 4 SCC 497, on aspect of application of mind and requirement of judicious exercise in granting bail, set aside Pappu Kumar v. State of Bihar, (2021) SCC OnLine Pat 2856 and Pappu Singh v. State of Bihar, (2021) SCC OnLine Pat 2857. Also see, Manoj Kumar Khokhar v. State of Rajasthan, (2022) 3 SCC 501. High Court should not have exercised its discretion. We are sorry to say, High Court was callous. It has paved way for many to abscond and thereby has put trial in jeopardy.

We humbly urge one and all to remain very cautious and vigilant.

– Hon’ble Justice J.B. Pardiwala, Pinki v. State of Uttar Pradesh, [Criminal Appeal No. 1926 of 2025] decided on 15.04.2025.

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Ayub Khan v. State of Rajasthan, 2024 SCC OnLine SC 3763 held, “The presence of antecedents may not be relevant… Court can grant bail notwithstanding existence of the antecedents.”

– Hon’ble Justice Dipankar Datta, Abhimanue v. State of Kerala, [Criminal Appeal Nos. 4197-4199 of 2025] decided on 22.09.2025.

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.