Cuttack: Orissa high court has passed an order making it mandatory for police to furnish documents pertaining to an accused’s criminal antecedents to the lower court for verification within three days of the high court granting the prisoner bail.
Verification of criminal antecedents by the lower court is a must before an accused can be released on bail. But the high court has found that in a number of cases, accused persons have been struggling to get out on bail because of delay by police in furnishing criminal antecedents to the concerned lower courts.
“Taking note of such grievance, this court is persuaded to direct that details of the criminal antecedents shall be furnished to the concerned lower court, wherever it is so directed, within three days from the date of such order/judgment,” Justice V Narasingh said while disposing of the pre-arrest bail plea of four persons accused under the NDPS Act for alleged involvement in the transportation of ganja to the tune of 2020kg.
“And, such antecedents shall be simultaneously shared with the district intelligence bureau (DIB) of the concerned police district so that correct details of the antecedents and the status thereof can be brought to the notice of the court, which in turn would ensure that no prejudice is caused to either the prosecution or the accused,” Justice Narasingh added in the order issued on Thursday.
Justice Narasingh further asked the principal secretary (home department) to issue necessary directions relating to furnishing of details of criminal antecedent to the urban police districts and the police districts through the concerned DCPs and SPs.
Disposing of the pre-arrest bail plea of the four, Justice Narasingh directed that “on surrendering in the case at hand, the petitioners shall be released on bail by the court concerned fixing such terms and conditions, deemed just and proper, subject to verification of criminal antecedent of any nature.”