SC makes full disclosure in bail petitions compulsory

UNDER THE FRAMEWORK, THE COURT, EVERY BAIL APPLICANT MUST PLACE BEFORE THE COURT A COMPLETE FACTUAL CANVAS OF THE CASE.

- Utkarsh Anand

In a move aimed at tightening scrutiny in bail proceedings, the Supreme Court on Wednesday made it mandatory for accused persons to furnish comprehensive details in their bail applications, warning that suppression or selective disclosure of material facts amounts to an abuse of the process of law.

A bench of justices Ahsanuddin Amanullah and R Mahadevan issued the directions while cancelling the bail granted by the Allahabad High Court to Mazahar Khan, accused of issuing forged degree certificates to lawyers and others. The top court found that Khan had deliberately concealed his criminal antecedents in proceedings before the high court as well as in filings before the Supreme Court.

Describing the conduct as reflective of a “growing and disturbing trend”, the bench underscored that an accused 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”.