second bail application us 438 crpc is maintainable or not

vinod bansal (Querist) 24 October 2010 This query is : Resolved
R/Experts
I moved a bail application us 438 crpc before sessions court,which was dismissed as withdrawn,filing of 2nd bail application us 438 crpc before same court is permissible/maintainable or not.Kindly suggest Thanx in advance

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Devajyoti Barman (Expert) 24 October 2010
If the first application was withdrawn then the second application is maintainable.

s.subramanian (Expert) 25 October 2010
The dismissal of the first application even on merits is of no consequence. If there are changes in circumstances,the court can entertain and grant bail on the second application. There is no bar.

Raj Kumar Makkad (Expert) 25 October 2010
It is duoy maintainable.

Sri Vijayan.A (Expert) 25 October 2010
There must be a change of circumstance.
You have to tell on what circumstance, the bail was rejected. Now, u ve to say that circumstance is changed.

SAANJAAY GUPTAA (Expert) 26 October 2010
It is better to move High Court u/s 438 cr.p.c

Vijyant Nigam (09807349001) (Expert) 26 October 2010
maintainable

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