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2001 Supreme(Raj) 260

SHIV KUMAR SHARMA
Suresh Chand – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Suresh Sahni, for Petitioner G.S. Rathore, Public Prosecutor for the State M.K. Kaushik, for the Complainant

Honble SHARMA, J.–Instant criminal miscellaneous petition involves manifold legal questions that run as follows:-

(i) Whether after rejection of anticipatory bail application by the High Court, is the accused entitled to make second bail application before the Sessions Court under Section 438 Cr. P.C.?

(ii) Whether a Sessions Judge is competent to grant second bail application under Section 438 Cr. P.C. ignoring the earlier rejection order of the High Court?

(iii) Has the complainant locus standi to make application under Sub-section (2) of Section 439 Cr. P.C. seeking cancellation of bail granted to an accused?

(iv) Could the application made before the High Court under sub-section (2) of section 439 Cr. P.C., be remitted back to the Sessions Court for a fresh decision?

(v) What are the principles of judicial discipline and propriety?

(2). Contextual facts depict that informant Fateh Singh instituted FIR on March 26, 1997 with the Police Station Mahuwa in regard to death of his sister Vinod Kumari under suspicious circumstances in the house of the accused petitioners. Deceased was married to accused Dr. Suresh Chand Meena on June 20, 1995 and died on March 25, 1997. The informant stated




































































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