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ARVIND KUMAR (LAWYER)     30 September 2008

Second Bail in Appeal

Three Accused are convicted Under Section 302, I.P.C. for life imprisonment by the session Court in the year 2005. Two separate Appeal against Conviction filed before High Court in which two accused have been granted bail assigning the role of Motor Cycle Driving and Extortation. The bail of Main accused has been rejected by the Hon'ble Bench of High Court with direction to connect the other petition (in which two accused have been granted bail) office is directed to prepare the paper book, list thereafter for final disposal.

Whether Second bail application for main accused is tenable ?

If it is refer any recent Judgment / order of Hon'ble Supreme Court.



Learning

 5 Replies

SHEKHAR MISHRA (public servant)     30 September 2008

Dear  Arvind,


could   you   elaborate   your    query. please  give  the   dates   of   orders.

K.C.Suresh (Advocate)     01 October 2008

latter part of the querry not brings light to the real matter

ARVIND KUMAR (LAWYER)     01 October 2008

My simple querry is that in view of sort fact stated by me The appeal against conviction filed before High Court and at the time of hearing The Hon'ble High court has rejected the bail of main accused, while appeal is pending for haring and disposal. Is there any case law under which I can file second bail in the same appeal on behalf of same accused ?


Although I have gone through the case lawSmt. Akhtari Bi vs. State of M.P. JT 2001 (4) SC 40, the Hon'ble Apex Court


and I found that I can move Second bail on basis of pendency of alot of appeal before High Court for adjudication which will come up for hearing likely after 15 or 20 years in routine manner. 


I want some new case law delivered by Apex Court and high Courts Under which I can proceed to file second bail in the pending appeal.




 






 




 


 

Rajan Salvi (Lawyer)     01 October 2008

" An Order refusing an application for bail does not necessarily preclude another,  on a later occassion, giving more materials, further developments, and diffierent considerations. An interim direection is not a conclusive adjudication, and updated reconsideration is not overturning an earlier negation. "


Babu Singh V/s State of U.P. AIR 1978SC 527.

Rajan Salvi (Lawyer)     01 October 2008

" An Order refusing an application for bail does not necessarily preclude another,  on a later occassion, giving more materials, further developments, and different considerations. An interim direction is not a conclusive adjudication, and updated reconsideration is not overturning an earlier negation. "


Babu Singh V/s State of U.P. AIR 1978 SC 527.


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