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ATUL SREEDHARAN
Neeraj S/o Shri Ramprasad Verma – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Ms. Ayushi Vyas, Advocate
For the Respondent No.1:Shri Ravindra Singh Kushwah, Deputy Advocate General
For the Respondent No.2:Shri Rahul Bansal, Advocate

ORDER

The present appeal has been filed by the appellant which is actually an application for bail. The order passed by the learned Court below dismissing his application for grant of bail is dated 20/10/2020. The appellant was asked by this Court as to how he could prefer an appeal against the order dated 20/10/2020, when he has already challenged the validity of the said order in a previous appeal being criminal appeal number 4677/ 2021.

2. Learning counsel for the appellant submitted that it is settled law that there res judicata does not apply while deciding a subsequent application for bail irrespective of the result of the previous application. In this regard, the learned counsel for the appellant has placed before this Court copy of a judgment of the Hon’ble High Court of Chhattisgarh in Criminal Appeal No. 1104/2021 by which the Hon’ble High Court of Chhattisgarh had an opportunity to deal with a similar situation in the case of Neeraj Jagatramka Vs. State of Chhattisgarh. In that case also, the Registry had taken an objection with regard to the maintainability of the criminal appeal as the order against which the appellant had approached the High Court stood exhausted b

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