New Directions For Drafting of Bail Application

New Directions For Drafting of Bail Application #supremecourt
Mention Details Of Previous Bail Applications & Orders In All Bail Pleas: #supremecourtofindia
In a significant legal development, the #supremecourt has listed the prerequisites to be mentioned in grant of bail applications. the Division Bench of Justices Rajesh Bindal and Vikram Nath issued the following directions :
1. 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.
2. 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. 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.
3. 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.
4. 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.
Case Title: KUSHA DURUKA v. THE STATE OF ODISHA., CRIMINAL APPEAL NO._303 OF 2024

[@Adv.AbhishekGilke]

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