The Chief Justice of the Gujarat High Court, Justice Sunita Agarwal, has instructed all Advocate(s)/Party-in-Person(s)/Litigant(s) to include certain details in their bail application(s) and application(s) for suspension of sentence, as per the recent directive from the Supreme Court in the case of Kusha Duruka v/s. The State of Odisha 2024 LiveLaw (SC) 47. These details must be mentioned clearly and prominently, and they include:
1. Information and copies of orders passed in previously filed bail applications that have already been decided.
2. Details of any pending bail applications filed by the petitioner, whether in a lower or higher court. If there are no pending applications, this must be explicitly stated.
3. The bail application or any other relevant place must indicate whether it is the first, second, third, etc. application for bail.
The High Court has issued a circular regarding this directive, emphasizing that the same requirements apply to private complaints, as all cases in Trial Courts are assigned specific numbers (CNR No.), even if there is no FIR number.
Last month, the Supreme Court listed prerequisites that should be mentioned in bail applications to streamline proceedings and prevent inconsistencies. Justices Rajesh Bindal and Vikram Nath of the Division Bench issued the following directions:
1. The bail application should include details and copies of orders from previously filed bail applications that have been decided.
2. The petitioner must provide details of any pending bail applications in any court, whether higher or lower. If there are no pending applications, a clear statement to that effect must be made.
3. The bail application should indicate whether it is the first, second, third, etc. application, making it easier for the court to understand the arguments and for higher courts to appreciate them.
4. The court registry should include a report generated from the system regarding decided or pending bail applications in the relevant crime case. This same system should also be followed for private complaints, as all cases in trial courts are assigned specific numbers (CNR No.), even without an FIR number.
5. It is the duty of the Investigating Officer or any assisting officer of the State Counsel to inform the counsel of any court orders related to bail applications or other proceedings in the same crime case. The counsel appearing for the parties must conduct themselves as officers of the court.
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