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ASHWANI KUMAR SINGH
Bhola Chaubey – Appellant
Versus
State of Bihar – Respondent
ORAL ORDER :
I.A. No.1 of 2019 By way of the instant interlocutory application filed under Section 389(1) of the Code of Criminal Procedure, the appellant no.1 Bhola Choubey has prayed for suspension of sentence and grant of bail during pendency of the appeal.
2. He has been convicted under Section 304B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for eight years.
3. He had moved earlier for bail under Section 389(1) of the Code of Criminal Procedure before this Court, which was considered and rejected vide order dated 27.01.2017 by another Hon’ble Judge, who is available.
4. The Court takes judicial notice of the fact that registry is repeatedly placing before me records of such appeals in which prayer for bail of the appellant(s) made under Section 389(1) of the Code of Criminal Procedure has been rejected earlier by another Hon’ble Judge, who is available.
5. The long standing convention and judicial discipline requires that subsequent bail application should be placed before the same Hon’ble Judge, who had considered the first bail application, unless the Hon’ble Judge, who decided the earlier application is not available. The convention has got roots
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