HC directs trial courts to mention complete details of criminal antecedents while hearing bail pleas

With this order, Justice Bhati directed the Registry of the court to convey the same to all the district and sessions judges of the state, directing immediate implementation of the order amongst all the judicial officers and courts in their respective jurisdiction, which are hearing the bail applications. He also directed all the public prosecutors of the state to call for the antecedent report well in advance in every case of bail, so as to enable the courts to have definite and correct information regarding previous criminal antecedents of the accused.

The Rajasthan High Court has directed all trial courts to mention complete details of the criminal antecedents of an accused while allowing or disallowing any regular or anticipatory bail application. Justice P S Bhati gave the directions while observing during the hearing of a bail plea on Friday that the trial courts refraining from specifying the criminal antecedents often cause delay in the disposal of bail applications.

"While hearing the impugned matter, the petitioner's counsel submitted that there were no criminal antecedents of the petitioner, while the respondent (public prosecutor) was not in a position to refute this submission by the petitioner, thereby leading the court to grant the bail," the court said. The counsel added that though the antecedent alone was not a ground of rejecting or accepting a bail, the High Court must have the antecedent report to check the applicability of Section 437 (1) of CrPC as well as to weigh the case of the accused person with the overall perspective of the allegations levelled.

"If there are antecedents of the accused, the complete details of the antecedents i.e. FIR Number(s) & Case Number(s), Section(s), date(s), status and date of arrest and release on any previous occasion, if any, in the chart form shall be prepared and incorporated in the trial courts' order, while granting or dismissing the bail application," the court order said. With this order, Justice Bhati directed the Registry of the court to convey the same to all the district and sessions judges of the state, directing immediate implementation of the order amongst all the judicial officers and courts in their respective jurisdiction, which are hearing the bail applications.

He also directed all the public prosecutors of the state to call for the antecedent report well in advance in every case of bail, so as to enable the courts to have definite and correct information regarding previous criminal antecedents of the accused. The court also directed the Registry to ensure compliance of the order, in its letter and spirit, and submit the report before it on January 5.

PTI CORR SRY.

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