Srinagar- The High Court of J&K and Ladakh on Friday amended its procedural rules to make comprehensive disclosures regarding pending criminal cases, antecedents and other relevant details mandatory in all bail applications filed before the High Court as well as subordinate criminal courts across Jammu and Kashmir.
The amendments, notified by the Registrar General with the prior approval of the Lieutenant Governor, are aimed at enhancing transparency and enabling courts to adjudicate bail pleas on the basis of complete and accurate information.
Under the new provisions, every bail applicant will be required to furnish detailed particulars relating to the case, custody, progress of trial, criminal antecedents, previous bail applications and any coercive processes initiated against them.
For bail petitions filed before the High Court, a new Rule 176-B has been inserted in Chapter XV (Procedure in Criminal Cases) of the Jammu & Kashmir High Court Rules, 1999. A corresponding Rule 10 has also been inserted in Chapter XVI (Bail and Recognizance) of the Rules and Orders for the Guidance of Courts Subordinate to the High Court of Judicature, Svt. 1988 (Criminal), extending the disclosure requirements to Sessions Courts and Magistrates.
As per the amended rules, every bail application must disclose the FIR number and date, the police station, district and State, the offences invoked and the maximum punishment prescribed. Applicants must also specify the date of arrest, the total period of custody undergone and the current stage of the proceedings, including whether the case is under investigation, at the charge-sheet, cognizance, framing of charges or trial stage.
The rules further mandate disclosure of the total number of witnesses cited in the charge sheet and the number of prosecution witnesses examined so far.
Applicants are also required to disclose their criminal antecedents, including details of previous FIRs, the police stations concerned, the offences involved and the status of those cases, whether pending, ending in acquittal or resulting in conviction.
Additionally, every bail plea must contain particulars of all previous bail applications, including the court where they were filed, case numbers and their outcome. The applicant must also disclose whether any non-bailable warrant has been issued against them or whether they have ever been declared a proclaimed offender.
The High Court said the amendments have been made in exercise of the powers conferred under Article 225 of the Constitution of India and other enabling provisions. The new rules are intended to streamline bail proceedings by ensuring that courts are placed in possession of complete, candid and relevant information before deciding bail applications.
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