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(2023) Law Today Live Doc. Id. 19374
Decided on: 15.03.2023
For Petitioner(s):
Mr. Satya Kam Sharma, AOR, Mr. Prashant Kumar, Adv.
For Respondent(s):
Mrs. Niranjana Singh, AOR, Mr. Saket Singh, Adv.
Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 439 – Bail – Anticipatory bail – Basic essentials required in order -- 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.
(Para 3)
ORDER
1. The petitioner was denied anticipatory bail. A First Information Report was lodged alleging that he had committed offences under Sections 366, 376A 342 and other offences under the Indian Penal Code. After investigation, a final report was filed which absolved him of involvement in any crime. The competent court directed registration of an FIR and took cognizance. The petitioner’s application for anticipatory bail was rejected under these circumstances.
2. 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. We notice that in this case, there is no mention of the offences the petitioner is charged with.
3. Before parting with this case, this Court notices that the format of orders by various High Courts in bail proceedings differs significantly. In many instances, the orders do not contain any description of the proceedings pending before the trial court there; at times, no advertence to the nature of the offence alleged in the FIR etc. 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. This order shall be circulated to all the High Courts through their Registrars.
4. The special leave petition is disposed of.
5. Pending application(s), if any, are disposed of.
Order accordingly.
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