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SANDEEP MOUDGIL
Rifakat – Appellant
Versus
State of Haryana – Respondent
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has drawn attention of this Court to an order dated 30.05.2023 passed by the Apex Court, whereby the petitioner has withdrawn the Special Leave Petition with liberty to file a fresh petition before this High Court seeking the same relief and said liberty was granted, therefore, he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
The court emphasized the need for tangible grounds for anticipatory bail and the duty to balance individual freedom and police investigation rights.
(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....
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.
The court reaffirmed that anticipatory bail can be granted in serious offences unless specifically excluded by law, and that the discretion to grant bail must consider the individual circumstances of....
Abuse of the process of the Court by filing subsequent/successive anticipatory bail applications without justification.
The power to grant Anticipatory Bail is available to the High Court and the Court of Sessions, even when cognizance is taken or a charge-sheet has been filed. The belief that the accused may be arres....
Successive anticipatory bail applications should not be entertained without a change in circumstances.
The court's decision emphasized the requirement for new facts necessitating further investigation and the petitioner's obligation to cooperate with the investigation when called upon.
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