Supreme Court : High Courts to ensure all essentials recorded in format of order in bail matters [17.3.2023]

The Supreme Court has said high courts should endeavour to ensure that all basic essentials like FIR number, police station concerned and offences allegedly committed are recorded in the format of order in bail matters.

The apex court said it has noticed that format of orders by various high courts in bail proceedings "differs significantly".

While dealing with a matter of anticipatory bail arising out of an order of the Patna High Court, a bench of justices S R Bhat and Dipankar Datta noted that in many instances, the orders do not contain any description of the proceedings pending before the trial court there and at times, no advertence to the nature of the offence alleged in the FIR.

"This court is of the opinion that in bail/anticipatory bail matters, high courts should endeavour to ensure that all basic essentials (i.e. FIR no., date, the concerned police station and the offences allegedly committed etc) are duly recorded or reflected in the format of the order," the bench said in its order passed on March 15.

The top court said its order shall be circulated to all the high courts through their registrars.

It was dealing with a plea filed by a man who was denied anticipatory bail by the high court.

The bench noted that an FIR was lodged alleging that the petitioner had committed offences punishable under several sections of the Indian Penal Code, including that of kidnapping, abducting or inducing woman to compel her marriage, and after investigation a final report was filed which absolved him of involvement in any crime.

It noted that the competent court took cognisance and the petitioner's application for anticipatory bail was rejected under these circumstances.

"After considering the submission of parties, this court is of the opinion that having regard to the peculiar circumstances of this case, the petitioner deserves to be enlarged on anticipatory bail, subject to such terms and conditions as the trial court may impose," the apex court said.

It said in this case, there is no mention of the offences the petitioner is charged with.

"Before parting with this case, this court notices that the format of orders by various high courts in bail proceedings differs significantly," it said.

18 Mar 2023