MUMBAI: In line with recent Supreme Court in the Kusha Duruka v. State of Odisha, the Bombay High Court Registry has released a circular requiring specifics of prior bail applications to be provided in bail applications filing before the High Court.
The Supreme Court, in, Kusha Duruka v. State of Odisha, provided for the full disclosure of prior pending cases in order to expedite the legal process.
The Court also flagged prevalent issue of litigants engaging in misrepresentation and the deliberate suppression of facts during court proceedings while seeking bail. As per the circular,
(1) Applicants are required to furnish the details and copies of order(s) passed in earlier bail application(s) filed by the petitioner which have been already decided.
(2) A clear statement revealing details whether 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
(3) Details shall be 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.
The same system has 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, the circular dated February 23 stated while directing all the Advocates and parties-in-person at the Principal Seat at Bombay and its Benches at Nagpur, Aurangabad and High Court of Bombay at Goa to adhere to the aforesaid directions.
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