New Delhi, February 11 The Supreme Court on Wednesday said that every accused seeking bail is obligated to disclose their criminal history, supported by an affidavit, to promote uniformity, transparency, and integrity in bail adjudication.
A bench of Justices Ahsanuddin Amanullah and R Mahadevan said that an accused or applicant seeking bail has a solemn obligation to make a fair, complete, and honest disclosure of all material facts that directly affect the exercise of judicial discretion.
The apex court said that any suppression, concealment, or selective disclosure of such material facts constitutes a misuse of the legal process and strikes at the very foundation of criminal justice administration.
"Therefore, this Court believes that every petitioner or applicant seeking bail, at any stage of the proceedings, is obligated to disclose all material particulars, including their criminal history and the existence of any coercive measures such as the issuance of non-bailable warrants, declarations as proclaimed offenders, or similar proceedings, duly supported by an affidavit, in order to promote uniformity, transparency, and integrity in bail adjudication," the bench said.
Issuing a series of directions, the top court directed that bail applications should include the FIR number and date, the name of the relevant police station, the sections invoked by the investigating agency, and the maximum punishment prescribed for the alleged offenses, among other things.
"The Registrar (Judicial) of this Court is directed to circulate a copy of this judgment to the Registrars General of all the High Courts. The High Courts may examine the feasibility of issuing appropriate administrative directions or incorporating suitable provisions in their respective Rules, consistent with their rule-making powers. A copy of this judgment shall also be circulated to the District Judiciary for guidance," the bench said.
These directions came after the Allahabad High Court had cancelled the bail granted to a man accused of issuing forged degree certificates to lawyers.