Affidavit stating no higher court approached must in bail matters

If an application, which does not contain the said information, it would not be entertained and would be returned for resubmission with the necessary information, the Punjab and haryana high court directed

The Punjab and Haryana high court has made it mandatory that in each bail matter before trial courts, an accused will have to give an affidavit that for similar relief, higher courts have not been approached.

Affidavit stating no higher court approached must in bail matters

If an application, which does not contain the said information, it would not be entertained and would be returned for resubmission with the necessary information, the high court has directed.

The directions to trial courts in Punjab, Haryana and Chandigarh courts were issued by the bench of justice Manjari Nehru Kaul while dealing with a matter in which a bail plea was pending in high court but the accused by “concealing” the said fact approached trial court and secured bail.

The court also said that public prosecutors / prosecuting agency would be duty bound to apprise the court concerned, after collecting the necessary information from the investigating officers with respect to the filing of any petition before any court seeking bail. In case of any lapse/default on the part of the investigating agency/prosecution, it would be construed to be a “fraud” played upon the court, which could invite departmental as well as penal action against the erring parties/officials, as the case may be, the court recorded asking registrar general to circulate this order to all concerned for information, and necessary and strict compliance in Punjab, Haryana and Chandigarh.