Supreme Court Mandates Full Disclosure in Bail Applications

Vaibhav Ojha

2 years ago

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New Guidelines to Enhance Judicial Transparency

In a significant move on January19 to streamline the bail application process in India, the Supreme Court has issued comprehensive guidelines, mandating the inclusion of detailed information about previous bail applications and orders in all future bail pleas. This directive aims to enhance transparency and efficiency in judicial proceedings, particularly in cases awaiting trial or involving the suspension of sentences.

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The bench, comprising Justices Vikram Nath and Rajesh Bindal, outlined these guidelines while adjudicating a bail appeal involving two individuals accused under the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellants, in custody since February 3, 2022, were charged with the possession and transportation of 23.8 kg of Ganja.

The case highlighted inconsistencies in the bail application process. Initially, both the appellant’s and co-accused Gangesh Kumar Thakur’s bail applications were rejected by the Sessions Judge. Subsequently, while the High Court granted bail to Thakur, the appellant’s plea was dismissed. Notably, the appellant’s second bail application to the High Court omitted crucial details about the earlier rejection and the pending Special Leave Petition (SLP) in the Supreme Court.

Addressing these issues, the Supreme Court emphasized the importance of full disclosure in bail applications. Citing precedents like Chandra Shashi v. Anil Kumar Verma and K.D. Sharma v. Steel Authority of India Limited, the Court underscored the consequences of misleading the court or withholding material facts, which could amount to contempt of court.

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The new guidelines stipulate the following requirements for bail applications:

Detailed History of Previous Applications: Applicants must provide details and copies of orders from previously decided bail applications.
Disclosure of Pending Applications: Information about any pending bail applications in lower or higher courts must be included. If there are no pending applications, a clear statement to that effect is required.
Registry’s Role: The court’s registry should annex a report from the system about decided or pending bail applications related to the crime case in question. This applies to both FIR-based cases and private complaints.
Duty of Investigating Officers and State Counsel: Investigating Officers and officers assisting State Counsel in court must inform them about any orders passed in relation to different bail applications or proceedings in the same crime case. Counsel representing parties are expected to act as true officers of the Court.

These directives follow the Court’s earlier order in Pradhani Jani v. The State of Odisha, which required that all bail applications filed by different accused in the same FIR be listed before the same judge, barring exceptions like the judge’s superannuation or transfer.

The Supreme Court’s decision, while dismissing the appeal in the present case, reflects its commitment to ensuring a more organized and transparent judicial process. By mandating these comprehensive disclosures in bail applications, the Court aims to prevent irregularities and confusion, thereby upholding the integrity of legal proceedings.

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