KIRTI SINGH
Sikandar Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT (ORAL)
Kirti Singh, J.—Apprehending arrest the petitioner has filed this second petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred as ‘BNSS’) for grant of anticipatory bail in case bearing FIR No.111 dated 01.11.2022, under Sections 302, 307 and 34 of Indian Penal Code, 1860 and Sections 25/27 of Arms Act 1959, registered at Police Station Khalra, District Tarn Taran.
2. Earlier the petitioner had approached this Court for grant of anticipatory bail by filing CRM-M-38379-2024 which was dismissed on merits vide order dated 10.09.2024. Now the second petition under Section 482 of BNSS has been filed seeking the same relief.
3. It has been argued by learned counsel for the petitioner that there were various documents which were sine qua non for deciding the bail application of the petitioner which were neither referred nor placed on record and mentioned in the petition. The list of documents which were not referred to in the first anticipatory bail petition are as under:-
(a) Copy of the supplementary statement of the complainant dated 27.01.2023;
(b) Statement of the eye witnesses Balwinder Singh under Section 161 Cr.P.C. dated 0
(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....
A second or successive anticipatory bail petition is maintainable only if substantial changes in circumstances are demonstrated; mere reiteration of previous grounds is insufficient.
Second anticipatory bail petitions under Section 438 Cr.P.C. are maintainable if substantial changes in circumstances are demonstrated; mere reliance on new documents is insufficient.
Abuse of the process of the Court by filing subsequent/successive anticipatory bail applications without justification.
(1) Anticipatory bail – If anyone is declared as an absconder/proclaimed offender in terms of Section 82 Cr.P.C., he is not entitled to relief of anticipatory bail.(2) Anticipatory bail – When an app....
A second application for anticipatory bail under Section 438, Cr. P. C. is not maintainable even if new circumstances develop after rejection or disposal of an earlier application.
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