THE PREREQUISITES TO BE MENTIONED IN GRANT OF BAIL APPLICATIONS

UTMOST IMPORTANT ONE: HON'BLE SUPREME COURT OF INDIA HAS LISTED THE PREREQUISITES TO BE MENTIONED IN GRANT OF BAIL APPLICATIONS.


CASE: KUSHA DURUKA v. THE STATE OF ODISHA., CRIMINAL APPEAL NO. 303 OF 2024


The following directions are :

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.

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.