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ABHAY S. OKA, UJJAL BHUYAN
Kamal @ Kamal Choudhary – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. appellant's incarceration details and bail history. (Para 3 , 4) |
| 2. high court's dismissal of the bail application. (Para 5) |
| 3. court's reasoning for granting bail. (Para 6) |
| 4. final order and direction for bail grant. (Para 7 , 8 , 9) |
ORDER :
1. Leave granted.
2. Heard the learned counsel appearing for the parties.
3. The appellant is in custody for a period of 04 years and 08 months in connection with the offences punishable under Sections 302 , 307, 326, 324, 323, 294, 147, 148 and 149 of the INDIAN PENAL CODE , 1860 and Sections 25 and 27 of the ARMS ACT .
4. The first application for bail filed by the appellant was dismissed by the Sessions Court on 7th February, 2023. The High Court also dismissed the bail application filed by the appellant. On 19th May, 2023, a special leave petition filed by the appellant was dismissed as withdrawn. Instead of filing a fresh application before the Sessions Court, a second special leave petition was filed against the same order of the High Court which was dismissed by an order dated 14th August, 2024.
5. By the impugned order, the High Court has dismissed the application for bail filed by the appellant on an erroneous ground. The H
Bail – Filing of fresh bail application, once an earlier bail application has been rejected or if granted and thereafter cancelled is a matter of right – Solely on the ground that Apex Court had not ....
Bail – Filing of fresh bail application, once an earlier bail application has been rejected or if granted and thereafter cancelled is a matter of right – Solely on the ground that Apex Court had not ....
Prolonged incarceration justifies reconsideration of bail applications; prior rejections do not prevent courts from reevaluating bail based on changed circumstances.
The need for a substantial change in circumstances for successive bail applications and the limited impact of the period spent in custody and the framing of charges on the bail application.
Prolonged incarceration with no prospect of the trial coming to an end makes a case for the grant of bail. Granting bail only for a limited duration is illegal and violates the right to liberty under....
The appellate court emphasized that bail decisions must adhere to established legal principles and prior rulings, ensuring that serious offenses are appropriately adjudicated.
High Court can entertain bail applications based on new evidence collected during trial, despite prior rejections by the Sessions Court.
Bail petition – Delhi liquor scam – Bail petition can be considered after filing of charge-sheet by ED.
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