Supreme Court Directs Inclusion of Previous Bail Application Details in All Subsequent Pleas


LI Network

Published on: January 20, 2024 at 14:42 IST

In a noteworthy legal development, the Supreme Court, issued comprehensive guidelines for the inclusion of specific details in grant of bail applications.

The Court emphasized that these directives aim to streamline proceedings and prevent discrepancies in the legal process.

Of particular importance, the Court reiterated a previous directive from the judgment in Pradhani Jani v. The State of Odisha 2023 LiveLaw (SC) 455, stating that all bail applications related to different accused in the same FIR should be presented before the same Judge.

In addition to the above, a Division Bench comprising Justices Rajesh Bindal and Vikram Nath issued the following instructions:

  1. Bail pleas must include details and copies of orders from earlier bail applications already decided by the petitioner.
  2. Details of any pending bail applications filed by the petitioner, either in the same court, a lower court, or a higher court, must be provided. If no application is pending, a clear statement to that effect should be made.
  3. The bail application should explicitly indicate whether it is the first, second, or subsequent application, ensuring clarity for the court and facilitating argument comprehension.
  4. The court registry should attach a report from the system outlining the status of decided or pending bail applications in the relevant crime case. This protocol extends to private complaints as well.
  5. The Investigating Officer or any officer assisting the State Counsel should inform the court of any orders pertaining to different bail applications or related proceedings in the same crime case. Counsels representing the parties are expected to act as officers of the court.

These directives were articulated during the hearing of a bail application in a case involving two individuals accused under the Narcotic Drugs and Psychotropic Substances Act. The Supreme Court emphasized the necessity of adhering to these guidelines to avoid confusion and streamline future legal proceedings.

Despite dismissing the application as infructuous, the Court underscored its option to cancel bail based on the conduct of the parties. The Court maintained that such an option may be exercised if the circumstances warrant it, given the parties’ behavior.

The case in question is titled KUSHA DURUKA v. THE STATE OF ODISHA, CRIMINAL APPEAL NO._303 OF 2024.

The Supreme Court’s directives aim to enhance transparency and organization in the legal process, ensuring that pertinent details are readily available for consideration in bail applications.

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