- Subsequent bail application can be filled before the Session Court after withdrawing his bail application from the High Court.
- Setting aside the Nagpur High Court's order,court observed that, In the connection of the aforementioned facts there is no provision as mentioned in Code of Civil Procedure,1973 or law laid down by th
- Hon'ble Supreme Court restored the bail granted to the accused.
A division bench comprising of Mr. Justice NV Ramana and Mr. Justice Ajay Rastogi considered an appeal filed against order of Nagpur High Court that revoked the bail granted to the accused by the session court on the predicate that the application was not maintainable before it as he previously approached the High Court for the bail and thereafter withdrew the bail application.
In the present case, the session court while considering the assertion contended by the prosecution that once first bail application is withdrawn from the High Court unconditional then the Session Court is forbidden to take the cognizance of the bail application and had observed that "It is very shocking and surprising to me. Strictly speaking, I do not come across such type of provisions or any authority of Hon'ble Apex Court or High Court. In my view, unless the Hon'ble High Court has rejected the application of bail on merit & then on the same ground the second application is not maintainable but if subsequent events during the enquiry or trial took place then in my opinion the right of accused to move the application on the ground of subsequent event or change in circumstances cannot be denied or curtail."
Further the division bench in "Sharad vs. State of Maharashtra",while setting aside the Nagpur High Court's order,court observed that, In the connection of the aforementioned facts there is no provision as mentioned in Code of Civil Procedure,1973 or law laid down by this hon'ble apex court that once an accused has withdrawn his bail application before the High Court, he is barred to file subsequent bail application before the Session Court and that his subsequent bail application would lie before the High Court only. Thereafter, restored the bail granted to the accused.
Hon'ble Apex Court further states that a subsequent bail application can be filled before the Session Court after withdrawing his bail application from the High Court.