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ASHWANI KUMAR SINGH, ARVIND SRIVASTAVA
Ajay Singh – Appellant
Versus
State of Bihar – Respondent
ORDER
Ashwani Kumar Singh, J. –
I. A. No. 6 of 2019
Heard learned counsel for the appellant and learned counsel for the State via video conferencing.
2. By way of the instant interlocutory application preferred under Section 389(1) of the Code of Criminal Procedure, the appellant, who has been convicted inter alia under Section 302 of the Indian Penal Code, has prayed for suspension of sentence and grant of bail during pendency of the appeal.
3. Similar prayer for bail of the appellant has been rejected thrice by this Court on merit.
4. One of the members of the Division Bench (Madhuresh Prasad, J.), who has rejected the prayer for bail of the appellant earlier vide order dated 05.07.2017, is available.
5. The long standing convention and judicial discipline requires that subsequent bail application should be placed before the same Bench which had passed the earlier orders and is available. The convention has got roots in principle which prevents abuse of the process of the court. If successive bail applications on the same subject are permitted to be disposed of by different Judges, there would be conflicting orders which would directly affect the credibility of the court and the confid
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