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V Kumar Singh (Executive)     26 January 2025

Rejected ab re-application

AB is rejected before single bench HC. The judge is strict, he summarily rejects AB applications. Subsequent to this rejection, there is a significant positive CHANGE IN CIRCUMSTANCES for the accused whose bail has been rejected. 

Now, my query is, Can we re-apply for AB before a larger bench (so that now there will be more neutral judges, who look at matters on merit ) ?



 6 Replies

Dr. J C Vashista (Advocate )     26 January 2025

If there is change in circumstances, as stated by you, submit second bail application explaining relevant situation(s).

You cannot opt for larger / single bench, it is as per roaster of the High Court decided by Chief Justice.

 

1 Like

T. Kalaiselvan, Advocate (Advocate)     26 January 2025

In most Indian High Courts, a division bench acts as the appellate authority for decisions made by a single judge. 

When filing an appeal to the division bench, you need to demonstrate that the single judge made a legal error in their decision or that the decision was based on incorrect facts. 

if a single bench dismisses an application, you can file an appeal, which is often called a "Letters Patent Appeal" (LPA), before a division bench of the High Court to challenge the single bench's decision; essentially, you can file an application before the division bench seeking a review of the single bench's order.

1 Like

P. Venu (Advocate)     26 January 2025

Fresh petition  could be filed if there is a fresh cause of action or a change in circumstance; the single judge's order is appealable if the order is erroneous on substantial grounds.

1 Like

R.K Nanda (Advocate)     31 January 2025

Better file 2nd bail application in high court stating new circumstances of case.

V Kumar Singh (Executive)     04 February 2025

how do i ensure the re-application does not go to the same judge ?

Dr. J C Vashista (Advocate )     09 February 2025

Contact and consult your lawyer who is well aware about facts and circumstances of the case, able, competent and intelligent enough and obliged to satisfy your questions.

however, you have adequately been advised by experts.


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