Gujarat HC Directs Advocates/Litigants To Mention Details Of Previous Bail Pleas & Orders In All Bail Applications As Per SC's Directive

In view of the recent directive issued by the Supreme Court in the case of Kusha Duruka v/s. The State of Odisha 2024 LiveLaw (SC) 47, the Chief Justice of the Gujarat High Court Justice Sunita Agarwal has directed all the Advocate(s)/Party-in-Person(s)/Litigant(s) to mandatorily mention the following particulars in the application(s) filed for grant of bail including the application for suspension of sentence:(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.(3) Details shall be 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.A circular in this regard was issued earlier today by the High Court.In the Circular, it has been further directed that the same system needs to be followed even in the case of private complaints as all the cases filed in the Trial Courts are assigned specific numbers (CNR No.), even if no FIR number is there.Last month, the Supreme Court listed the prerequisites to be mentioned in grant of bail applications. The Court also recorded that these suggestions are to streamline the proceedings and avoid anomalies.The Division Bench of Justices Rajesh Bindal and Vikram Nath issued the following directions :Firstly, there should be details and copies of order(s) passed in the earlier bail application(s) filed by the petitioner, which has already been decided. Secondly, 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. “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.,” the Court opined. Thirdly, 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. Lastly, 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.Read more about SC's order here: Mention Details Of Previous Bail Applications & Orders In All Bail Pleas : Supreme Court Issues Directions

Gujarat HC Directs Advocates/Litigants To Mention Details Of Previous Bail Pleas & Orders In All Bail Applications As Per SC's Directive

Sparsh Upadhyay

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