Supreme Court Mandates Full Disclosure of Criminal History in Bail Pleas
In a recent judgment, the Hon'ble Supreme Court of India, comprising a Bench of Justices Dipankar Datta and Manmohan, observed a growing trend where individuals seeking bail or protection from arrest fail to disclose their prior involvement in criminal cases. In the present case, the Bench rejected the bail plea on the grounds of suppression of criminal antecedents.
The Court emphasized the mandatory requirement for full disclosure of the petitioner’s past criminal history. The synopsis of the petition must explicitly state whether the petitioner has clean antecedents. Any prior involvement in criminal cases must be disclosed, including specific details regarding the stage of the proceedings.
Furthermore, the Court highlighted that individuals filing a Special Leave Petition—challenging decisions of High Courts or Sessions Courts that have denied them relief such as bail or anticipatory bail—under the Code of Criminal Procedure, 1973, or the Bhartiya Nagarik Suraksha Sanhita (BNSS), are required to truthfully disclose any criminal background.
The Bench issued this ruling after noting that the Court is often "taken for a ride" when petitioners conceal their criminal history. The Court also warned that any false or misleading disclosure would result in outright rejection of the petition. While acknowledging past leniency, the Court observed a recurring pattern of concealment and stated that such practices must not be allowed to continue.
The Court further explained that the current directive was necessary, as earlier instructions issued in Kulwinder Singh v. State of Punjab and Sheikh Bhola v. State of Bihar, which also required truthful disclosure in bail applications, had not achieved the intended effect.
Additionally, the Supreme Court directed the Registry to ensure appropriate dissemination of this order to all concerned parties.
Comments