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ARAVIND KUMAR, J. K. MAHESHWARI
Parteek Arora @ Parteek Juneja – Appellant
Versus
State Of Punjab – Respondent
| Table of Content |
|---|
| 1. overview of the case and bail petitions (Para 1 , 2 , 3) |
| 2. procedural history and withdrawal of bail applications (Para 4 , 5 , 6) |
| 3. court's reasoning on anticipatory bail refusal (Para 7 , 8 , 9 , 10) |
| 4. costs imposed on the petitioner (Para 11) |
| 5. order for arrest and procedural directives (Para 12 , 13) |
ORDER :
1. Seeking pre-arrest bail and challenging impugned order dated 30.09.2024 passed in second anticipatory bail petition(CRMM 48729/2024) filed by the petitioner before the High Court, the present special leave petition is filed.
2. We have perused the documents placed before us and heard learned counsel for the petitioner at length.
3. On perusal, we find that the High Court dismissed CRMM-48729/2024-the second anticipatory bail petition filed by the petitioner, as withdrawn, after hearing arguments at length, with the following observations:
Dismissed as withdrawn, at this stage."
4. Thereafter, CRM 41840/2024 was filed in CRMM-48729/2024 after its disposal. On the said application, the High Court took a stringent view and as per order dated 11.1
Abuse of the process of the Court by filing subsequent/successive anticipatory bail applications without justification.
In private complaint cases, the police have no power to arrest without a warrant issued by the Magistrate. Courts acts exceeding jurisdiction by directing the accused to surrender when denying antici....
A second anticipatory bail application is non-maintainable if the petitioner conceals prior court orders and fails to comply with commitments to surrender, reflecting bad faith toward the court.
A second application for anticipatory bail is maintainable if the earlier application was dismissed on merits or dismissed as withdrawn, but not if it was dismissed after being argued at length with ....
In matters involving personal liberty, expeditious consideration of applications for anticipatory bail is crucial, and interim protection may be granted until the main application is disposed of.
The Supreme Court emphasized the necessity of timely consideration of bail applications, balancing personal liberty with the requirement of merit-based decisions.
(1) Anticipatory bail petition – Once first anticipatory bail is denied without there being any change in fact situation, second application for same relief under Section 438 Cr.P.C. cannot be entert....
Anticipatory bail cannot be granted when prior applications have been rejected on merit and there has been non-compliance with Supreme Court directives without any change in circumstances.
Important points:An accused has a right to make successive applications for grant of bail. The court entertaining such subsequent bail applications has a duty to consider the reasons and grounds on w....
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