In a recent development during the hearing of a Special Leave Petition(SLP), the Supreme Court mandated that all such petitioners who are applying for bail or anticipatory bail would have to disclose their criminal antecedents as well.
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In a recent development during the hearing of a Special Leave Petition(SLP), the Supreme Court mandated that all such petitioners who are applying for bail or anticipatory bail would have to disclose their criminal antecedents as well. The Apex Court mentioned that a growing tendency could be observed amongst the individuals applying for bail or anticipatory bail that they do not reveal their involvement with any other criminal record, taking the Court “for a ride”, the Top Court pointed out.
Facts of the Case:-
- In the present case, the Apex Court was hearing a special leave petition which was filed by a man who was accused of murder under Section 302 of the Indian Penal Code and had been in the custody since May 2018. After he was denied bail from the Allahabad High Court in October last year, he approached the Supreme Court for bail.
- The Apex Court, mentioned that generally such bail pleas are considered by it where the accused has been in jail for a long period without any trial or in such cases where offences are not of serious nature. A Bench of Justices Dipankar Datta and Manmohan expressed strong disapproval regarding this practice where their previous criminal records are being hidden by people applying for bail, which generally comes to light when the respective state government files counter affidavit.
- “A growing trend is being noticed of individuals, seeking from this court the concession of bail or concession of protection from arrest, not disclosing in the special leave petitions their involvement in other criminal cases…The result is that this court, being the apex court of the country, is being taken for a ride. This court has shown leniency in the past but we think it is time that such state of affairs is not allowed to continue further,” the Bench held, pointing out that such non-disclosure or suppression of material facts can become the basis for refusing the bail petition.
- “This court has shown leniency in the past but we think it is time that such state of affairs is not allowed to continue further,” the Bench held.
- Going forward, the Supreme Court has made it compulsory for anyone filing a special leave petition (criminal) to clearly mention their criminal history in the synopsis section of their plea.
- The above mentioned guideline shall be applied to cases filed under Sections 438/439 of the Criminal Procedure Code (bail or anticipatory bail) and Sections 482/483 of the Bhartiya Nagrik Suraksha Sanhita against the decisions of the High Courts or Sessions Courts.
- In order to ensure that all relevant rules have been followed, the Supreme Court directed its registry to circulate the order at a wider range for compliance.
Decision of the Court
The Apex Court ruled that-
- “He shall clearly indicate the same together with the stage that the proceedings, arising out of such case, have reached.”
- In case any false or incomplete information is found at a later stage, such revelation shall be a strong reason to dismiss the special leave petition so filed.
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