Mention Details Of Previous Bail Applications And Orders In All Bail Applications: Bombay High Court To Advocates And Litigants

The Registry of the Bombay High Court has issued a circular mandating particulars of previous bail applications to be included in bail applications before the HC, following recent directions by the Supreme Court in the case of Kusha Duruka v. State of Odisha.

The circular directed all Advocates and parties-in-person at the Principal Seat at Bombay and its Benches at Nagpur, Aurangabad, and High Court of Bombay at Goa to adhere to the following directions issued by the Supreme Court:

1. Applicants are required to furnish details and copies of orders passed in earlier bail applications that have been decided.

2. Details of any pending bail applications filed by the petitioner in any court, either below the court in question or a higher court, must be provided. If no such applications are pending, a clear statement to that effect must be made.

3. The bail application should prominently mention whether it is the first, second, or subsequent application. This information must be clearly visible at the top of the application or any other place for the convenience of the court.

This practice is extended even to cases of private complaints, as all cases filed in trial courts are assigned specific numbers (CNR No.), irrespective of the presence of an FIR number.

In Kusha Duruka v. State of Odisha, the Supreme Court issued directions for comprehensive disclosure of previous pending and decided bail applications to streamline the proceedings and avoid anomalies in new bail applications. The Apex Court further directed its Registry to annex to bail applications a report of previous decided or pending bail applications.

The Apex Court also reiterated the requirement for listing all bail applications arising from the same FIR before the same judge, as previously directed in Pradhani Jani v. State of Odisha. Pursuant to that case, the Bombay HC earlier issued a notice that bail applications arising from the same FIR shall be placed before the same judge. However, the HC clarified that this will not apply if the judge who decided the first bail application is having a different assignment or is part of a Division Bench.

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