Bail Applications To Mandatorily Provide Details and Orders of Previous Bail Applications

As per the recent directions passed by the Supreme Court on 19.01.2024, the Bail Applications have to mandatorily mention the following details:-

1. Provide details of earlier bail applications filed by the petitioner and the orders passed in those proceedings.

2. Provide details of any bail applications filed by the petitioner which are pending before any Court.

3. Mention at the top of the bail application or at any other visible place on the application that the application for bail is either first, second or third and so on.

The Supreme Court has passed detailed directions pertaining to the filing of bail applications in the case titled Kusha Duruka Versus The State of Odisha (Criminal Appeal No. 303/2024). The relevant paragraphs of the aforesaid judgment have reproduced below.

20. In our opinion, to avoid any confusion in future it would be appropriate to mandatorily mention in the application(s) filed for grant of bail:

(1) Details and copies of order(s) passed in the earlier bail application(s) filed by the petitioner which

have been already decided.

(2) Details of any bail application(s) filed by the petitioner, which is pending either in any court, below the court in question or the higher court, and if none is pending, a clear statement to that effect has to be made.

This court has already directed vide order passed in Pradhani Jani’s case (supra) that all bail applications filed by the different accused in the same FIR should be listed before the same Judge except in cases where the Judge has superannuated or has been transferred or otherwise incapacitated to hear the matter.

The system needs to be followed meticulously to avoid any discrepancies in the orders. In case it is mentioned on the top of the bail application or any other place which is clearly visible, that the application for bail is either first, second or third and so on, so that it is convenient for the court to appreciate the arguments in that light. If this fact is mentioned in the order, it will enable the next higher court to appreciate the arguments in that light.

(3) The registry of the court should also annex a report generated from the system about decided or pending bail application(s) in the crime case in question. The same system needs to be followed even in the case of private complaints as all cases filed in the trial courts are assigned specific numbers (CNR No.), even if no FIR number is there.

(4) It should be the duty of the Investigating Officer/any officer assisting the State Counsel in court to apprise him of the order(s), if any, passed by the court with reference to different bail applications or other proceedings in the same crime case. And the counsel appearing for the parties have to conduct themselves truly like officers of the Court.