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2023 Supreme(P&H) 239

SANDEEP MOUDGIL
Rifakat – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Intizar Ul Hasan.

JUDGMENT :

Sandeep Moudgil, J.

1. This is a second petition for grant of anticipatory bail to the petitioner in FIR No.585, dated 04.11.2022, under Sections 147, 148, 149, 188, 323, 452, 379, 427 and 506 of IPC (Section 307 of IPC added later on), registered at Police Station Sadar Nuh, District Nuh.

2. Learned counsel for the petitioner has drawn attention of this Court to an order dated 30.05.2023 passed by the Apex Court, whereby the petitioner has withdrawn the Special Leave Petition with liberty to file a fresh petition before this High Court seeking the same relief and said liberty was granted, therefore, he contends that the second anticipatory bail petition is maintainable.

3. On a question put by this Court that the second anticipatory bail petition would be maintainable only in case there was any inadvertent bona fide error for not bringing any fact before this Court on the previous date of hearing i.e., on 28.03.2023 or there is any subsequent change of circumstances, but the petitioner has failed to refer any such change of circumstances or factual aspect to claim maintainability of second anticipatory bail petition, except the argument that Section 307, which was added lat

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