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AUGUSTINE GEORGE MASIH, ALOK JAIN
Manjinder Kaur – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. issues around withdrawal and res judicata in bail applications (Para 1 , 2 , 7 , 12) |
| 2. discretionary nature of anticipatory bail powers (Para 3 , 4 , 5) |
| 3. superior courts must exercise caution and prudence (Para 6) |
| 4. conditions for maintainability of subsequent bail applications (Para 9 , 10 , 11) |
| 5. final order on subsequent bail application procedure (Para 13) |
Judgment
Mr. Augustine George Masih, J.
These petitions have been referred to the Division Bench in the light of conflicting judgments on the aspect and to clarify the issue of maintainability of second anticipatory bail application when the first application has been dismissed as withdrawn.
2. The question, therefore, which requires to be considered and answered is “whether a second anticipatory bail application under Section 438 Cr.P.C. is maintainable when the first one filed by the petitioner has been withdrawn?”
3. Before proceeding to answer this question, it would be appropriate to understand the object and reasons for introduction of Section 438 Cr.P.C. under which the powers have been conferred upon the High Court as well as the Sessions Court to issue direction that in the event of arrest of a pe
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