Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (10) TMI 1311 - HC - Indian LawsSeeking grant of Regular bail - previous bail application was withdrawn after filing of chargesheet and this bail application is also filed after filing of chargesheet - It is contended by the learned advocate for the petitioner that the victim was drunk and fell down in the well, but the complainant had got-up the story of throttle and thrown - offences under Sections 302, 201 and 114 of the Indian Penal Code - HELD THAT:- It would be appropriate to refer to the judgment of the Apex Court rendered in case of KALYAN CHANDRA SARKAR VERSUS RAJESH RANJAN @ PAPPU YADAV & ANR. [2005 (1) TMI 704 - SUPREME COURT], wherein it is held that “this Court also observed that though the accused has a right to make successive application for grant of bail, the Court entertaining such subsequent bail applications has duty to consider the reaosns and grounds on which the earlier bail applications were rejected and in such cases, the Court also has a duty to record what are the fresh grounds which persuaded it to take a view different from the one taken in the earlier application.” In the case on hand, the previous bail application was withdrawn after filing of chargesheet and this bail application is also filed after filing of chargesheet. The learned advocate for the petitioner has not been able to piont out any change in the circumstances - Under the circumstances, in absence of any change in circumstances, no ground is made out by the petitioner as observed by the Apex Court. Application dismissed.
|