The Supreme Court has advised all High Courts across the country to amend their procedural rules to require accused persons to mandatorily disclose details of any prior bail applications and their criminal antecedents while seeking bail. This is a significant recommendation aimed at enhancing transparency and accountability in bail proceedings.

A three-judge bench comprising Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta made the suggestion while delivering its verdict in the case titled Kaushal Singh vs State of Rajasthan. The Court cited as a model the practice currently followed by the Punjab and Haryana High Court, pointing to Rule 5 of Chapter 1-A(b) Volume-V of its High Court Rules.

This rule lays down that:

“In every application for bail presented to the High Court the petitioner shall state whether similar application has or has not been made to the Supreme Court, and if made shall state the result thereof. The petitioner/applicant shall also mention whether he/she is/was involved in any other criminal case or not. If yes, particulars and decisions thereof. An application which does not contain this information shall be placed before the bench with the necessary information.”

Emphasizing the importance of similar disclosure requirements across all jurisdictions the bench observed:

“We feel that every High Court in the country should consider incorporating a similar provision in the respective High Court Rules and/or Criminal Side Rules as it would impose an obligation on the accused to make disclosures regarding his/her involvement in any other criminal case(s) previously registered.”

The bench has directed that a copy of its order be circulated to the Registrar Generals of all High Courts in the country, so that appropriate consideration could be given to including such a provision in their respective procedural frameworks.

The observations were made in the course of setting aside certain adverse remarks passed by the Rajasthan High Court against a Judicial Officer concerning his decision on a bail matter. While expunging those strictures, the apex court reiterated that High Courts should exercise restraint and avoid making disparaging comments against Judicial Officers who decide cases in their judicial capacity.

Calling attention to established precedents, the bench stressed the importance of maintaining judicial decorum and protecting the dignity of subordinate judiciary.

Case Details: Kaushal Singh vs State of Rajasthan