bail
application is required to be heard by the same judge. Once the higher Court
rejects the bail application, then the fresh bail application cannot ... Court, the successive bail applications cannot be entertained on
7 Bail App. No. 48/2020
same facts when the earlier bail application has been rejected
Misc.
Application No. 3831 of 2020 and this Court vide order dated
21.05.2020, passed detailed order rejecting the said application.
Present successive bail application ... order, rejected the prayer of regular bail made by the present
applicant and this is successive bail application and thus, present
application is not maintainable
respondent - State through
video conference.
2. This is a successive bail application under
Section 439 of the Code of Criminal Procedure, 1973
in connection with ... delay in trial cannot be considered for granting
bail to the applicant in successive bail application.
Even otherwise the Committee appointed by the High
Court
withdrawn on
09.06.2020.
4.The applicant has thereafter preferred this
successive bail application on the ground
that co-accused persons are absconding and
there ... made out by the
applicant for releasing him on bail, this
successive bail application is rejected.
(BHARGAV D. KARIA, J)
Pradhyuman
Page
requested the Court
to release him on interim bail i.e. till the successive bail application is
heard and finally decided. In our views, there ... bail and temporary bail. Therefore, when an applicant makes a
prayer to release him for interim bail i.e. till the successive bail
application
successive bail applications in the
changed circumstances and principle of constructive res
judicata would not operate as regards to matters where
9
successive bail applications ... order disposing of an
earlier bail application cannot debar invocation of such
argument while considering a subsequent bail application.
It is contended that the conduct
submitted that the present case, this is not in form of
successive bail application, on the contrary, this Court passed order
that applicant can move ... bail application of the applicant, as a result
of which the present application is filed before this Court,
therefore, this one is not a successive
regular bail."
This Court while deciding the aforesaid first bail application by
the petitioner, dismissed the bail application on the basis of the arguments ... affidavit filed by
the SSP. It is a settled law that successive bail application can be filed
when there is a change of circumstance
DESAI
Date : 18/09/2020
ORAL ORDER
This is second successive bail application under Section 439
of the Code of Criminal Procedure, 1973 after filing ... change in circumstances on the basis of which present second
successive bail application can be entertained, which has been filed
after completion of investigation
ALFAZ ALI
ORDER
Date : 24-06-2020
By this second successive bail application u/s 438 Cr.P.C. the petitioner Safiqul Islam ... Learned counsel for the petitioner, Mr. Ahmed submits that this second successive bail
application has been filed on the ground that there were two Safiqul
