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SANDEEP MOUDGIL
Sandeep Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J.
1. This is a 2nd anticipatory bail petition under Section 438 Cr.P.C., has been filed for grant of anticipatory bail to the petitioner in FIR No.27, dated 14.02.2022, under Section 22 of NDPS Act, 1959 (Section 25 of NDPS Act, 1985 added later on), registered at Police Station Sadar Fazilka, District Fazilka.
2. At the outset learned State counsel before proceedings on merits in the petition could start, raises a preliminary objection to the maintainability of the petition on the ground that without change of circumstances, second anticipatory bail petition is not maintainable.
3. To controvert and rebut the said arguments, learned counsel for the petitioner submits that the petitioner was in custody in other case bearing FIR No.66 of 2022, registered at Police Station Gajner, District Bikaner, Rajasthan which was registered on 28.06.2022 and has now been released on bail vide order dated 20.04.2023. It is on account, in earlier petition bearing No.CRM-M-11337-2022, the petitioner despite having an interim protection granted by this Court vide order dated 17.03.2022 (Annexure P-3) could not join the investigation and finally, he withdrawn the said petitio
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....
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....
A second or successive anticipatory bail petition is maintainable only if substantial changes in circumstances are demonstrated; mere reiteration of previous grounds is insufficient.
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