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Supreme Court of India · 19/01/2024

KUSHA DURUKA versus STATE OF ODISHA

[2024] 1 S.C.R. 604 · 2024 INSC 46

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Summary

To prevent inconsistent bail orders and concealment of earlier or pending applications, the Court directed that bail applications disclose their history, the Registry attach a report of related applications, and the State and counsel bring relevant orders to the court’s attention. The appeal was dismissed as infructuous with costs.

Issues

  1. What safeguards should govern successive bail applications arising from the same case when earlier applications or proceedings are not fully disclosed.
  2. Whether the appellant’s bail should be cancelled after the omissions in the successive applications and proceedings before the High Court.

Provisions considered

Held

Result

The appeal was dismissed as infructuous. The appellant was directed to pay token costs of ₹10,000 to the Orissa High Court Mediation and Conciliation Centre within eight weeks and file proof within two further weeks. The Registrars General of all High Courts were sent the order for consideration of system changes.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 604.