Monday 26 February 2024

Supreme Court Directs litigants to Mention Details Of Previous Bail Applications & Orders In All Bail Pleas

 In our opinion, to avoid any confusion in future it would be

appropriate to mandatorily mention in the application(s) filed for grant of bail:

(1) Details and copies of order(s) passed in the

earlier bail application(s) filed by the petitioner which

have been already decided.

(2) Details of 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, a clear statement to that effect has to be made.

This court has already directed vide order

passed in Pradhani Jani’s case (supra) that all bail

applications filed by the different accused in the same FIR

should be listed before the same Judge except in cases

where the Judge has superannuated or has been

transferred or otherwise incapacitated to hear the matter.

The system needs to be followed meticulously to avoid any

discrepancies in the orders.

In case it is 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, so that it is convenient for the court to appreciate the

arguments in that light. If this fact is mentioned in the order,

it will enable the next higher court to appreciate the

arguments in that light.

(3) The registry of the court should also annex a

report generated from the system about decided or

pending bail application(s) in the crime case in question.

The same system needs 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.

(4) It should be the duty of the Investigating

Officer/any officer assisting the State Counsel in court to

apprise him of the order(s), if any, passed by the court with

reference to different bail applications or other

proceedings in the same crime case. And the counsel

appearing for the parties have to conduct themselves truly

like officers of the Court. {Para 20}

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO._303 OF 2024

KUSHA DURUKA  Vs THE STATE OF ODISHA 

Author: RAJESH BINDAL, J.

Dated: January 19, 2024.

Citation: 2024 INSC 46.

Leave granted.

2. This is another case in which an effort has been made to

pollute the stream of administration of justice.

3. About three decades ago, this Court in Chandra Shashi v.

Anil Kumar Verma (1995) 1 SCC 421 was faced with a situation where an attempt was made to deceive the Court and interfere with the administration of justice. The litigant was held to be guilty of contempt of court. It was a case in which husband had filed fabricated document to oppose the prayer of his wife seeking transfer of matrimonial proceedings. Finding him guilty of contempt of court, he was sentenced to two weeks’ imprisonment by this Court. This Court observed as under:

"1. The stream of administration of justice has to

remain unpolluted so that purity of court's atmosphere

may give vitality to all the organs of the State. Polluters of

judicial firmament are, therefore, required to be well

taken care of to maintain the sublimity of court's

environment; so also to enable it to administer justice

fairly and to the satisfaction of all concerned.

2. Anyone who takes recourse to fraud, deflects

the course of judicial proceedings; or if anything is done

with oblique motive, the same interferes with the

administration of justice. Such persons are required to be

properly dealt with, not only to punish them for the

wrong done, but also to deter others from indulging in

similar acts which shake the faith of people in the

system of administration of justice.

* * *

14. The legal position thus is that if the

publication be with intent to deceive the court or one

made with an intention to defraud, the same would be

contempt, as it would interfere with administration of

justice. It would, in any case, tend to interfere with the

same. This would definitely be so if a fabricated

documents is filed with the aforesaid mens rea. In the

case at hand the fabricated document was apparently to

deceive the court; the intention to defraud is writ large.

Anil Kumar is, therefore, guilty of contempt."

4. In K.D. Sharma Vs. Steel Authority of India Limited and

others2 it was observed by this Court:

"39. If the primary object as highlighted in

Kensington Income Tax Commrs., (1917) 1 KB 486 :

86 LJKB 257 : 116 LT 136 (CA) is kept in mind, an

applicant who does not come with candid facts and

"clean breast" cannot hold a writ of the court with "soiled

hands". Suppression or concealment of material facts is

not an advocacy. It is a jugglery, manipulation,

manoeuvring or misrepresentation, which has no place in

equitable and prerogative jurisdiction. If the applicant

does not disclose all the material facts fairly and truly

but states them in a distorted manner and misleads the

court, the court has inherent power in order to protect

itself and to prevent an abuse of its process to discharge

the rule nisi and refuse to proceed further with the

examination of the case on merits. If the court does not

reject the petition on that ground, the court would be

failing in its duty. In fact, such an applicant requires to be

dealt with for contempt of court for abusing the process

of the court." [emphasis supplied]

2 (2008) 12 SCC 481

4

5. In Dalip Singh v. State of Uttar Pradesh and others3, this

Court noticed the progressive decline in the values of life and the

conduct of the new creed of litigants, who are far away from truth. It

was observed as under:

"1. For many centuries Indian society cherished

two basic values of life i.e. "satya" (truth) and "ahinsa"

(non- violence). Mahavir, Gautam Buddha and Mahatma

Gandhi guided the people to ingrain these values in

their daily life. Truth constituted an integral part of the

justice- delivery system which was in vogue in the pre-

Independence era and the people used to feel proud to

tell truth in the courts irrespective of the consequences.

However, post- Independence period has seen drastic

changes in our value system. The materialism has

overshadowed the old ethos and the quest for personal

gain has become so intense that those involved in

litigation do not hesitate to take shelter of falsehood,

misrepresentation and suppression of facts in the court

proceedings.

2. In the last 40 years, a new creed of litigants

has cropped up. Those who belong to this creed do not

have any respect for truth. They shamelessly resort to

3 (2010) 2 SCC 114

5

falsehood and unethical means for achieving their goals.

In order to meet the challenge posed by this new

creed of litigants, the courts have, from time to time,

evolved new rules and it is now well established that a

litigant, who attempts to pollute the stream of justice or

who touches the pure fountain of justice with tainted

hands, is not entitled to any relief, interim or final.”

(emphasis supplied)

6. In Moti Lal Songara Vs. Prem Prakash @ Pappu and

another4, this Court, considering the issue regarding concealment of

facts before the Court, observed that "court is not a laboratory where

children come to play”, and opined as under:

"19. The second limb of the submission is whether

in the obtaining factual matrix, the order passed by the

High Court discharging the accused-respondent is

justified in law. We have clearly stated that though the

respondent was fully aware about the fact that charges

had been framed against him by the learned trial Judge,

yet he did not bring the same to the notice of the

revisional court hearing the revision against the order

taking cognizance. It is a clear case of suppression. It was

within the special knowledge of the accused. Any one

who takes recourse to method of suppression in a court

of law, is, in actuality, playing fraud with the court, and

4 (2013) 9 SCC 199

6

the maxim supressio veri, expression faisi , i.e.,

suppression of the truth is equivalent to the expression of

falsehood, gets attracted. We are compelled to say so

as there has been a calculated concealment of the fact

before the revisional court. It can be stated with certitude

that the accused- respondent tried to gain advantage by

such factual suppression. The fraudulent intention is writ

large. In fact, he has shown his courage of ignorance and

tried to play possum.

20. The High Court, as we have seen, applied the

principle "when infrastructure collapses, the

superstructure is bound to collapse". However, as the

order has been obtained by practising fraud and

suppressing material fact before a court of law to gain

advantage, the said order cannot be allowed to stand."

(emphasis supplied)

7. It was held in the judgments referred to above that one of

the two cherished basic values by Indian society for centuries is

"satya" (truth) and the same has been put under the carpet by the

petitioner. Truth constituted an integral part of the justice-delivery

system in the pre-Independence era, however, post-Independence

period has seen drastic changes in our value system. The materialism

has overshadowed the old ethos and the quest for personal gain has

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become so intense that those involved in litigation do not hesitate to

take shelter of falsehood, misrepresentation and suppression of facts

in the court proceedings. In the last 40 years, the values have gone

down and now a litigants can go to any extent to mislead the court.

They have no respect for the truth. The principle has been evolved to

meet the challenges posed by this new breed of litigants. Now it is well

settled that a litigant, who attempts to pollute the stream of justice or

who touches the pure fountain of justice with tainted hands, is not

entitled to any relief, interim or final. Suppression of material facts

from the court of law, is actually playing fraud with the court. The

maxim supressio veri, expression faisi, i.e. suppression of the truth is

equivalent to the expression of falsehood, gets attracted. Its nothing

but degradation of moral values in the society, may be because of our

education system. Now we are more happy to hear anything except

truth; read anything except truth; speak anything except truth and

believe anything except truth. Someone rightly said that `Lies are very

sweet, while truth is bitter, that's why most people prefer telling lies.'

8

8. In a recent matter, this Court again came across a litigant

who had tried to overreach the Court by concealing material facts in

Saumya Chaurasia v. Directorate of Enforcement5. It was a case

where the appellant before this Court had challenged the order

passed by the High Court6 rejecting his bail application. He was

accused of committing various crimes under the Indian Penal Code

and the Prevention of Money Laundering Act, 2002. His bail

application was rejected by the High Court on 23.06.2023. In the

pleadings before this Court, it was mentioned that the High Court had

committed gross error in not considering the chargesheet dated

08.06.2023 and the cognizance order dated 16.06.2023, which clearly

suggested that there was error apparent on the fact of it. The fact

which was available on record was that an order in the bail application

was reserved by the High Court on 17.04.2023 and pronounced on

23.06.2023. Having some suspicion, this Court directed the appellant

to file an affidavit to clarify the aforesaid position. There was no

specific reply given to the aforesaid query to the Court. Rather vague

statements were made. Considering the facts available, this Court

observed that there was a bold attempt by and on behalf of the

appellant therein to misrepresent the facts for challenging the order

5 2023 INSC 1073

6 High Court of Chhattisgarh at Bilaspur in Miscellaneous Crl. Case No.1258/2023

9

impugned therein, regarding the conduct of the parties and the

counsel, this Court made the following observations:

“14. It cannot be gainsaid that every party

approaching the court seeking justice is expected to

make full and correct disclosure of material facts and

that every advocate being an officer of the court,

though appearing for a particular party, is expected to

assist the court fairly in carrying out its function to

administer the justice. It hardly needs to be

emphasized that a very high standard of

professionalism and legal acumen is expected from

the advocates particularly designated Senior

advocates appearing in the highest court of the

country so that their professionalism may be followed

and emulated by the advocates practicing in the High

Courts and the District Courts. Though it is true that the

advocates would settle the pleadings and argue in the

courts on instructions given by their clients, however

their duty to diligently verify the facts from the record

of the case, using their legal acumen for which they are

engaged, cannot be obliviated.”

(emphasis supplied)

8.1. Finally, this Court dismissed the appeal with costs of

₹1,00,000/-.

10

9. In Pradip Sahu v. The State of Assam7 the accused who

was found to be guilty of concealing material facts from the court and

against him the High Court8 had directed for taking appropriate legal

action, had challenged the order passed by the High Court before this

Court. In the aforesaid case, first bail application filed by the appellant

there was dismissed by the High Court9, thereafter he moved second

bail application before the High Court in which notice was issued on

30.11.2021. During the pendency of the aforesaid application before

the High Court, the appellant therein moved fresh bail application

before the Trial Court on 01.12.2021, which was granted on the same

day. The aforesaid facts came to the notice of the High Court on

08.12.2021 when a report of the Registrar (Judicial) was received, who

was directed to conduct the enquiry in the matter. However, on an

apology tendered by the appellant therein and also considering the

facts as stated that he belonged to Tea Tribe community and his

brother, a cycle mechanic, who was also pursuing the case, did not

appreciate the intricacy of the law. As a result of which, the mistake

occurred. This Court, having regard to the unqualified apology

7 Special Leave Petition (Criminal) No. 4876 of 2022, decided by this Court on 24.08.2023

8 Gauhati High Court

9 On 11.11.2021

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tendered by the appellant therein, had set aside the order passed by

the High Court to file FIR/complaint against the appellant therein.

10. May be in the facts of the aforesaid case, this Court had

accepted unconditional apology tendered by the appellant therein

and the given facts situation accepted his apology but it is established

that there is a consistent effort by the litigants to misrepresent the

Court wherever they can.

11. The prayer in the present appeal is for grant of bail

pending trial. The appellant claimed that he is in custody since

03.02.2022 in connection with crime10 registered under Section

20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act,

1985. The allegation in the FIR is that the appellant and the co-accused

Gangesh Kumar Thakur @ Gangesh Thakur were in exclusive and

conscious possession of 23.8 kg Ganja and were transporting the

same.

12. The appellant and his co-accused Gangesh Kumar Thakur

@ Gangesh Thakur filed an application for release on bail pending

trial before the Sessions Judge-cum-Special Judge, Malkangiri

immediately after their arrest on 03.02.2022. The same was rejected

10 FIR No. 29 dated 03.02.2022, at P.S. Orkel, District Malkaganj, Odisha

12

vide order dated 04.02.2022. At that stage even the chargesheet had

not been filed.

12.1 Being aggrieved against the order of rejection of the bail

application by the Sessions Judge, the appellant filed first bail

application11 before High Court. While the same was pending the coaccused

Gangesh Thakur also filed bail application12 before the High

Court. The High Court vide order dated 17.01.2023 allowed the bail

application filed by Gangesh Kumar Thakur @ Gangesh Thakur.

However, the bail application filed by the appellant was dismissed

vide impugned order dated 06.03.2023. Aggrieved against the same,

the appellant filed the SLP13 before this Court. Notice in the same was

issued on 22.09.2023. When the matter was listed on 08.11.2023,

learned counsel for the State sought time to file counter affidavit. On

06.12.2023, the learned counsel for the appellant pointed out that

during the pendency of the present matter before this Court, the High

Court vide order dated 11.10.2023 had granted bail to the appellant.

As he did not have hard copy of the order passed by the High Court,

he placed before us a soft copy of the said order through his mobile

phone. On a reading of the aforesaid order, this Court found that the

11 BLAPL No. 1855 of 2022

12 BLAPL NO. 11709 of 2022

13 Special Leave Petition (Criminal) No. 12301 of 2023

13

same neither mentioned the fact that it was the second bail

application14 filed by the appellant nor pendency of the SLP before

this Court, in which notice had already been issued. Taking the matter

seriously and deprecating such a practice this Court passed the

following order on 06.12.2023:

“This petition has been filed assailing the correctness

of order dated 6th March, 2023 passed by the High Court of

Orissa at Cuttack in BLAPL No. 1855 of 2022, ‘Kusha Duruka

Versus State of Odisha’ whereby the prayer for bail was

rejected. Notice was issued by this Court on 22nd September,

2023.

Today the learned counsel for the petitioner informs

this Court that during the pendency of this petition, the High

Court has granted bail to the petitioner on 11th October,

2023. He has placed before us a soft copy of the said order

through his mobile, according to which BLAPL No. 10860 of

2023 was allowed apparently on the ground of parity

extended to another co-accused.

From reading of the said order, we find that it neither

mentions that it was the second bail application filed by the

petitioner before the High Court nor does it reflects any

reference to the petition pending before this Court in which

notice had already been issued in September, 2023.

14 BLAPL No. 10860 of 2023

14

We seriously deprecate such practice by the litigant

and the counsel.

We accordingly, direct that original record of the said

bail application, allowed by the High Court on 11th October,

2023, be called for forthwith.

We further direct that this order be communicated to

the Hon’ble Chief Justice as also the Registrar of the High

Court of Orissa forthwith (today itself) and the

aforementioned file of BLAPL No. 10860 of 2023 titled ‘Kusha

Duruka Versus Versus State of Odisha’ be immediately

sealed and thereafter be forwarded to this Court.

We also request the Hon’ble the Chief Justice to obtain

comments of the learned Judge as to whether he was

apprised of the aforesaid two facts as recorded earlier in this

order regarding the bail application being the second bail

application and the secondly the pendency of the present

petition.

The State of Odisha will also file its comments as to

whether the public prosecutor appearing for the State of

Odisha pointed out such facts or not.

The report shall be submitted by the Secretary,

Department of Law and Justice of the State of Odisha as also

by the Joint Secretary or the Additional Secretary (Law)

attached to the High Court.

List this matter again on 13th December, 2023.”

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13. In terms of the aforesaid order, this Court received the

original record pertaining to second bail application filed by the

appellant in which he was granted bail by the High Court vide order

dated 11.10.2023; a report dated 08.12.2023 from the High Court along

with a note from the Hon’ble Judge who had dealt with the bail

application filed by the appellant and passed the order on 11.10.2023;

affidavit of Special Secretary, Home Department, Government of

Odisha dated 11.12.2023 and affidavit and report of Principal

Secretary, Law Department, Government of Odisha dated 12.12.2023.

14. Before we deal with the matter, we deem it appropriate to

note down the dates and events in a tabular form.

DATE EVENTS

03.02.2022 FIR No.29 dated 03.02.2022 was registered at

Police Station Orkel, District Malkangiri,

Odisha, under Section 20(b)(ii)(C) of the

Narcotic Drugs and Psychotropic Substances

Act, 1985.

03.02.2022 The appellant as well as co-accused were

arrested.

04.02.2022 The first bail application filed by the appellant

as well as the co-accused was rejected by the

Sessions Judge-cum-Special Judge, Malkangiri

(Special G.R. Case No.38/2022).

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The appellant approached the High Court for

grant of bail by filing bail application bearing

BLAPL No. 1855 of 2022.

The co-accused Gangesh Kumar Thakur @

Gangesh Thakur approached the High Court for

grant of bail by filing bail application bearing

BLAPL No.11709 of 2022.

As is evident from the records available before

this Court, bail application filed by the appellant

was assigned to Judge ‘A’15.

During the pendency of the bail application

filed by the appellant, the bail application filed

by the co-accused Gangesh Kumar Thakur was

listed before Judge ‘B’9.

17.01.2023 The bail application filed by the co-accused

Gangesh Kumar Thakur @ Gangesh Thakur was

allowed by Judge ‘B’; The order does not

suggest that the State Counsel had pointed

before the court that there is another bail

application filed by the co-accused (the

appellant) pending consideration before the

court.

06.03.2023 The bail application filed by the appellant was

rejected by Judge ‘A’; the High Court had

specifically recorded in the order that the coaccused

Gangesh Kumar Thakur @ Gangesh

15 We are consciously not mentioning the name of the Hon’ble Judge

17

Thakur had been released vide order dated

17.01.2023.

21.07.2023 Aggrieved against the order rejecting the bail

application filed by the appellant, SLP was filed

before this Court.

15.09.2023 During the pendency of the matter before this

Court, second bail application filed by the

appellant was rejected by the Sessions Judgecum-

Special Judge, Malkangiri.

The argument raised by the appellant that the

co-accused has already been granted the bail,

is noticed in the order. It does not record the

fact that a petition filed by the appellant seeking

bail is pending before this Court.

21.09.2023 While the matter was pending before this Court,

the appellant filed second bail application

before the High Court and the same was not

disclosed before this Court.

22.09.2023 Notice in the SLP was issued to the respondent.

11.10.2023 During pendency of the matter before this Court

Judge ‘B’ granted bail to the appellant.

08.11.2023 Learned counsel for the State appeared and

sought time for filing counter affidavit to the SLP.

Though the High Court had already granted bail

to the appellant but still it was not pointed out

when the matter was taken up by this Court.

06.12.2023 Learned counsel for the appellant pointed out

before this Court that the appellant had already

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been released by the High Court. This Court

called for explanation and the record of the case

from the High Court.

15. In the Affidavit dated 11.12.2023 filed by the Principal

Secretary, Law Department, Govt. of Odisha, while narrating the facts

of the case, it was stated that the learned counsel appearing for the

State in the High Court did not have the knowledge of the fact that the

first bail application filed by the appellant was rejected on 06.03.2023

by the High Court and also regarding filing of the SLP by the petitioner

before this Court.

15.1 The contents of para of the aforesaid affidavit are extracted

below:

“It is submitted that the State Counsel before the

Hon’ble High Court of Orissa was not aware of the fact

that, earlier BLAPL No.1855/2022 was rejected vide

order dated 06.03.2023 as well as the fact of filing of

S.L.P.(Crl.)No.12301/2023. A copy of report of the

State Counsel is as ANNEXURE-A”

15.2 Along with the affidavit a report from the State Counsel was

also annexed. It was mentioned therein that in second bail application

though the appellant had disclosed about filing of his first bail

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application, he had not disclosed any fact regarding pendency of the

SLP before this Court. It was further mentioned that in the list of dates

the factum of rejection of earlier bail application or filing of the SLP

was not mentioned. Even at the time of hearing this fact was not

disclosed. Learned State Counsel did not have any instructions from

the Inspector Incharge regarding pendency of the present petition

before this Court.

15.3 To similar effect is the affidavit filed by the Special

Secretary, Home Department, Govt. of Odisha.

16. In compliance to the order dated 06.12.2023 passed by this

Court, a report has been received from the High Court. The comments

of Judge ‘B’, as requested, were annexed with the report and original

file of second bail application of appellant was also received from the

High Court. It is mentioned therein that at the time of hearing of the

second bail application, the court was not apprised of the factum of

pendency of the SLP before this Court, in which notice had already

been issued on 22.09.2023.

16.1 A copy of Standing Order No.2 of 2023, in partial

modification of earlier Standing Order No.1 of 2020 issued by the High

Court on 21.05.2023, was annexed with the report. It was issued in

pursuance to the observation made by this Court in Pradhani Jani v.

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The State of Odisha16. The Standing Order was issued with reference

to the listing of the bail applications under Sections 438 and 439

Cr.P.C. Para 2 of the Standing Order with reference to the bail

applications under Section 439 Cr.P.C. is extracted below:

“2. The subsequent bail applications under

section 439 Cr.P.C. including applications for

interim bail shall be listed before the Hon'ble Judge

who, at the earliest, decided any of the earlier bail

applications under section 439 Cr.P.C. arising out of

the same FIR (decided on merit or disposed of as

withdrawn/not pressed). In the event the Hon'ble

Judge is not available on account of superannuation,

transfer etc. or recuses, the said application shall be

listed before the Hon'ble Judge who next disposed

of any of those bail applications, and so on. If none

of the Hon'ble Judges who decided the earlier bail

applications is available, the application shall be

listed before the regular Bench as per roster.”

17. In substance, it was directed that the Stamp Reporting

Section will verify in case any bail application arising out of the same

FIR has been disposed of earlier. The Stamp Reporting Section shall

furnish complete details. The subsequent bail applications are to be

listed before the same Judge. However, in case of non-availability or

16 Criminal Appeal No.1503/2023 decided on 15.05.2023

21

superannuation of the that Judge, alternate system has been provided.

It is further directed that while listing the subsequent bail application,

final order(s) of earlier bail application(s) arising out of the same FIR

shall be tagged. To put the record straight, the order passed by this

Court in Pradhani Jani’s case (supra) is extracted hereinbelow:

“3. The perusal of the paper books would

reveal that various applications filed by various

accused have been entertained by different learned

Single Judges of the same High Court. In many of the

High Courts, the practice followed is that the

applications arising out of the same FIR should be

placed before one Judge. However, it appears that it is

not the practice in Orissa High Court. In the present

case, we have come across orders passed by at least

three different Judges in the applications of various

accused arising out of same FIR.

4. Such a practice leads to anomalous

situation. Certain accused are granted bail whereas

certain accused for the very same crime having similar

role are refused bail.

5. We, therefore, quash and set aside the

impugned order dated 31.01.2023 and remand the

matter back to the High Court. The High Court is

requested to consider the effect of the orders passed by

the other coordinate Benches and pass orders afresh.

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The same shall be done within a period of one month

from today.

6. The Registrar (Judicial) of the Registry of this

Court is directed to forward a copy of this order to the

Registrar General of the Orissa High Court, who is

requested to take note of the aforesaid and consider

passing appropriate order so that contrary orders in the

same crime are avoided.”

18. A perusal of the paper book in second bail application

shows that there is a report annexed by the Registry in the matter. It

mentioned about the earlier two bail applications filed in the FIR inquestion.

The first bail application filed by the appellant was disposed

of on 06.03.2023. Bail application filed by the co-accused Gangesh

Kumar Thakur was disposed of on 17.01.2023. The next one was the

second bail application filed by the appellant. Though Standing Order

No.2 of 2023 directed the Registry to annex all the orders passed in

the earlier bail applications by different accused in the same FIR,

however, the order passed by the High Court in the case of the

appellant, rejecting his earlier bail application, does not form part of

the bail application before the High Court. Only the order dated

17.01.2023 passed in the bail application, filed by the co-accused

Gangesh Kumar Thakur was annexed. Further, in the list of dates and

events, the appellant did not mention regarding disposal of his earlier

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bail application by the High Court and also filing of the SLP in this

Court. Though, just below the name of the parties, the appellant had

mentioned the number of earlier bail application filed by him. Even

in the body of the bail application, the appellant has conspicuously

remained silent about the dismissal of his earlier bail application by

the High Court and filing of the SLP before this Court. During the

pendency of the matter before this court a fresh bail application was

filed not only before the Trial Court but even before the High Court.

The High Court even granted bail to the appellant. In the bail

application filed before the High Court, it was not mentioned that the

same was second bail application filed by the appellant. This Court

cannot comment on the contents of the bail application filed before the

Sessions Judge as the copy thereof is not available on record here.

19. It is further evident from the order dated 17.01.2023 vide

which bail application, BLAPL NO.11709 of 2022 of the co-accused

Gangesh Kumar Thakur was allowed by the High Court by Judge ‘B’.

Learned State Counsel did not point out the factum of pendency of

another bail application filed by the co-accused arising out of the same

FIR at that stage. The concerned investigating officer must be aware

of this fact but had not pointed out the same before the court.

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20. In our opinion, to avoid any confusion in future it would be

appropriate to mandatorily mention in the application(s) filed for grant of bail:

(1) Details and copies of order(s) passed in the

earlier bail application(s) filed by the petitioner which

have been already decided.

(2) Details of 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, a clear statement to that effect has to be made.

This court has already directed vide order

passed in Pradhani Jani’s case (supra) that all bail

applications filed by the different accused in the same FIR

should be listed before the same Judge except in cases

where the Judge has superannuated or has been

transferred or otherwise incapacitated to hear the matter.

The system needs to be followed meticulously to avoid any

discrepancies in the orders.

In case it is 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, so that it is convenient for the court to appreciate the

arguments in that light. If this fact is mentioned in the order,

it will enable the next higher court to appreciate the

arguments in that light.

(3) The registry of the court should also annex a

report generated from the system about decided or

pending bail application(s) in the crime case in question.

The same system needs 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.

(4) It should be the duty of the Investigating

Officer/any officer assisting the State Counsel in court to

apprise him of the order(s), if any, passed by the court with

reference to different bail applications or other

proceedings in the same crime case. And the counsel

appearing for the parties have to conduct themselves truly

like officers of the Court.

21. Our suggestions are with a view to streamline the

proceedings and avoid anomalies with reference to the bail

applications being filed in the cases pending trial and even for

suspension of sentence.

22. Though considering the conduct of the petitioner, one of

the option available was to cancel his bail, however, we do not

propose to take such an extreme step in the case in hand. However,

this can be the option exercised by the Court if the facts of the case so demand seeing the conduct of the parties.

23. The present appeal is, accordingly, dismissed as

infructuous. However, still we deem it appropriate to burden the

appellant with a token cost of ₹10,000/-, which shall be deposited by

him with Mediation and Conciliation Centre, attached to Orissa High

Court, within a period of eight weeks from today. Within two weeks

thereafter, proof of deposit be furnished in this Court.

24. A copy of the order be sent to the Registrars General of all

the High Courts to be placed before the Chief Justices for correction

of the system, wherever required, as this Court comes across similar

issues from different High Courts.

25. The original record received from the High Court be sent

back.

…..………………….…..J

(VIKRAM NATH)

…………………………..J

(RAJESH BINDAL)

New Delhi

January 19, 2024.

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