Shivani Gadhavi –
Published On: November 20, 2021 at 19:00 IST
The Telangana High Court ordered that it is not necessary for an accused to submit a certified copy of a bail order in order to get Bail, e-copy of the Bail Order from the online website of the concerned Court is sufficient to get Bail.
The High Court stated that an order copy from the High Court’s Website along with case details which are found in the case status information would be sufficient enough to get a Bail, from 22nd November 2021.
The Court also made it clear that the said new directions will apply to all Bail applications including Bails in Criminal Revision as well as Criminal Appeals.
Justice Lalita Kanneganti was hearing the case for an anticipatory Bail filed by a head of a consultancy firm, who is accused of cheating under Section 420 of the Indian Penal Code.
The Accused asked for the order copies on the same day in fear of being apprehended by the police.
In this regard, Justice Kanneganti looked into the matter and stated, “If the petitioner is aggrieved by the action of the police in not following the procedure contemplated under Section 41-A Cr.P.C. and resorting to other means and measures by threatening him to compromise the matter, petitioner is at liberty to initiate appropriate proceedings against the officers concerned.”
Hence, the Court stated, “Disposal of bail application without furnishing the order copy within a reasonable time will not place the accused in a better position. Mere emphasizing that an accused has an indefeasible fundamental right to bail itself is not sufficient without furnishing the copy of the order.”
The High Court has also directed that a copy of the order lifting the mandatory requirement of certified copies must be communicated to the Home Ministry, Director General of Police, Director of Prosecution, Principal District Judges and Bar Associations.
Also Read: Understanding the Concept of Bailment
