New Delhi, Feb 11 The Supreme Court on Wednesday said every accused seeking bail is under an obligation to disclose criminal antecedents duly supported by an affidavit to promote uniformity, transparency and integrity in bail adjudication.
A bench of Justices Ahsanuddin Amanullah and R Mahadevan said an accused or applicant seeking bail is under a solemn obligation to make a fair, complete and candid disclosure of all material facts having a direct bearing on the exercise of judicial discretion.
The apex court said any suppression, concealment or selective disclosure of such material facts amounts to an abuse of the process of law and strikes at the very root of the administration of criminal justice.
"Thus, this Court is of the view that every petitioner or applicant seeking bail, at any stage of proceedings, is under an obligation to disclose all material particulars, including criminal antecedents and the existence of any coercive processes such as issuance of non-bailable warrants, declaration as a proclaimed offender, or similar proceedings, duly supported by an affidavit, so as to promote uniformity, transparency and integrity in bail adjudication," the bench said.
Issuing a slew of directions, the top court directed that the bail applications should show FIR number and date, name of the police station concerned, sections invoked by the investigating agency, and maximum punishment prescribed for the alleged offences, among others.
"The Registrar (Judicial) of this Court is directed to circulate a copy of this judgment to the Registrar Generals 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.
The directions came while cancelling the bail granted by the Allahabad High Court to a man accused of issuing forged degree certificates to lawyers.
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