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1 - 6 of 6 (0.19 seconds)Jaban Singh @ Jodan vs The State Of Madhya Pradesh on 2 July, 2015
21. It is an accepted principle of law that when a matter has been finally
disposed of by a court, the court is, in the absence of a direct statutory
provision, functus officio and cannot entertain a fresh prayer for relief in the
matter unless and until the previous order of final disposal has been set aside
or modified to that extent. It is also settled law that the judgment and order
granting bail cannot be reviewed by the court passing such judgment and order
in the absence of any express provision in the Code for the same. Section 362
of the Code operates as a bar to any alteration or review of the cases disposed
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Jaban Singh alias Jodan Vs. State of M.P.
M.Cr.C. No.7291/2015
of by the court. The singular exception to the said statutory bar is correction of
clerical or arithmetical error by the court. ..."
Abdul Basit @ Raju & Ors. Etc. vs Md.Abdul Kadir Choudhary on 15 September, 2014
Learned counsel for the applicant with great emphasis has
argued that even when the application was rejected on merits
earlier, this court while exercising it's discretionary power u/S.
439 of Cr.P.C can allow a repeat bail application on the same
ground on which it was rejected earlier despite there being no
new circumstance. This court is afraid that the submission of
the learned counsel of the petitioner runs contrary to the law
laid down by the Apex Court in the case of Abdul Basit v.
Mohd. Abdul Kadir Chaudhary, (2014) 10 SCC 754.
The Indian Penal Code, 1860
The Arms Act, 1959
The Code of Criminal Procedure, 1973
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