The Rajasthan High Court has ordered the trial courts in the state to specify whether a given bail applicant has a previous record of crime and details regarding the same in bail orders. A Single Judge Bench of Justice Dr. Pushpendra Bhati made the directions when disposing of a bail application moved by a person who had no criminal antecedents.
The Bench brought to notice that predecessor records were essential to deciding a grant of bail in cases where arrests are based upon a charge for a non-bailable offense. Though these reports weren't considered grounds for accepting or rejecting a bail application, these were required to draw a conclusion under Section 437 of the Code of Criminal Procedure i.e grant of bail for non-bailable offenses, as well as gain a viewpoint on the accused via the accusations levelled.
The court stated that the learned courts are not particular in consideration to antecedents of the accused persons, which causes a delay in the disposal of bail applications. The court has now commanded all trial courts in Rajasthan to give complete details about antecedents and record a finding as to whether the person had criminal antecedents.
If the person had a criminal record, the trial courts were to specify the following in a chart and annex it to the direction allowing/rejecting bail.
Further matters are to be heard on January 5th, 2021.