Rajasthan High Court Directs Trial Courts To Compile Necessary Details Of Accused While Allowing, Rejecting Interim/Temporary Bail Applications

The Rajasthan High Court recently issued a slew of directions to all the trial courts in the State to compile necessary details of accused persons in a comprehensive manner while allowing or rejecting their interim or temporary bail applications. The direction has been made to enable early and effective adjudication of such bail applications.

Justice Pushpendra Singh Bhati ordered thus:

"Thus, this Court directs that all the learned trial courts in the State shall, while allowing or rejecting the interim/temporary bail application(s) of any accused person, seek and compile, in a tabular form, all the necessary details in a comprehensive manner."

The following are the parameters to be followed by the trial court:

- Previous criminal antecedent(s) of the concerned petitioner.

- Whether the petitioner has any background of being a history-sheeter and/or hardcore offender.

- Whether any previous interim/temporary bail(s) have been granted to the concerned petitioner, and if granted, for how long, and also whether the concerned petitioner surrendered in time.

- The concerned Jail authorities shall be required to provide a report regarding conduct of the concerned petitioner in Jail alongwith the schedule of previous releases of the concerned petitioner on interim/temporary bail, if any.

-The details regarding the immediate family of the concerned petitioner shall also be noticed, so that the requirement of the petitioner can be adjudged.

- In regard to the assessment of custodial release, in case of illness of the concerned petitioner or his family member, the details to be provided, shall include the duration of treatment, operation or any surgical intervention, if required.

- The details of the family member(s) of the concerned petitioner shall also be required to be attested by the concerned Patwari or Gram Sewak, and any other details which are necessary for the grounds, on which the concerned petitioner is seeking interim/temporary bail.

- Any other information, which is relevant to the grounds mentioned in the interim/temporary bail application(s).

The Court clarified that such compilation of details shall be mandatory only if the perspective of the grounds mentioned in the interim/temporary bail application(s) are connected to it.

"The necessity of giving the aforesaid directions was to enable this Court to precisely decide the duration, schedule, requirement and feasibility of releasing the petitioner efficaciously, which shall enable him to complete the task at hand, be it last rites of a close family member or any critical treatment for himself or his family member, or any other eventuality," the Court said.

The Court also directed the Public Prosecutors all over the State Government to use their good offices and also to make all endeavour to procure and collect the aforementioned information well in advance in every case of interim/temporary bail, so as to enable the courts to have a definite and correct information in regard to the case of interim/temporary bail.

"..this Court further directs that a certified copy of this order shall be conveyed by the Registry of this Hon'ble Court to all learned District & Sessions Judges of the State, who shall ensure the immediate implementation of this order amongst all the judicial officers and all courts in their respective jurisdiction, which are hearing the bail applications," the Court ordered.

Furthermore, the Court said that in the event of any interim/temporary bail application being preferred directly before the High Court, then it shall be the duty of the learned counsel for the concerned petitioner to provide the necessary information, as per the aforesaid direction, well in advance to the learned Public Prosecutor.

"...and in case, such advance information is not provided by learned counsel for the concerned petitioner, then the learned Public Prosecutor shall have a right to seek an adjournment in the concerned case, until such information comes on record," the Court directed.

The matter is now listed for compliance on 28th August.

Case Title: Gagandeep v. State Of Rajasthan

Click Here To Read Order