Rajasthan High Court passed a direction to all trial Courts in Rajasthan that, in all Bail matters u/s 437/438, a detailed report on antecedents of the accused is to be filed along with judgment.
Jugal Vs State of Rajasthan on 25 Nov 2020
There is no mention regarding the status of criminal antecedents of the present petitioner in the impugned order. It is often seen by this Court that the learned courts below are not specific in regard to antecedents of the accused persons, which causes delay in the disposal of the bail applications, as, if the person is not having antecedents and his antecedents are called, receiving of such antecedents reports takes quite some time. Though the antecedent alone is not a ground of rejecting or accepting a bail, but it is must that the Hon’ble High Court should have the antecedent report to check the applicability of Section 437 (1) of Cr.P.C. as well as to weigh the case of the accused person with overall perspective of the allegations levelled.
Thus, this Court directs that all learned trial courts shall, while allowing or disallowing any regular/anticipatory bail application of any accused person,give the complete details of the antecedents, if any, and also record that there are no antecedents of the accused person in case of none being there. If there are antecedents of the accused, then the complete details of the antecedents i.e. FIR Number(s) & Case Number(s), Section(s), date(s), status and date of arrest & release on any previous occasion, if any, in the chart form shall be prepared and incorporated in the learned trial courts’ order, while granting or dismissing the bail application.
This order shall be conveyed by the Registry of this Court to all learned District & Sessions Judges of the State, who shall ensure the immediate implementation of this order amongst all the judicial officers and all courts in their respective jurisdiction, which are hearing the bail applications. The detailed antecedents report in aforesaid format so provided in the trial courts’ order shall be the requirement of disposal of any bail application in State of Rajasthan. It is also directed that the learned Public Prosecutors all over the State shall call for the antecedents report well in advance in every case of bail, so as to enable the courts to have a definite and correct information regarding previous criminal antecedents of the accused. A certified copy of this order be also sent by the Registry to the Director of the Prosecution Department of the State for necessary compliance, amongst the learned Public Prosecutors all over the State of Rajasthan.
The Registry of this Hon’ble Court shall ensure compliance of this order, in its letter and spirit, and submit such compliance before this Court on 05.01.2021.