K.L.ISSRANI, FAIZAN UDDIN, K.M.AGARWAL
Narayan Prasad – Appellant
Versus
State of M. P. – Respondent
Faizanitddin, J. --1.This Criminal Appeal has been placed before this Full Bench on a reference made by a Division Bench of this Court (Gwalior Bench) comprising of Dr. T.N. Singh and S.K. Dubey, JJ; on the controversy which surfaced on account of an earlier Division Bench dicision of this Court (mainseat) rendered in State of M.P. v. Chandrahas, 1991 MPLJ 779 = 1991(11) MPWN 99 and a decision of the Apex Court in Shahzad Hasan Khan v. Ishtiaq Hasan Khan. AIR 1987 SC 1613 = 1987(11) MPWN 186 on the question of disposal of successive bail applications, by the same Judge or Bench as the case may be which according to the referring Division Bench are conflicting to the decisions requiring determination of the point in controversy by a larger Bench as the referring Bench did not agree with the view expressed by the Division Bench of this Court in Chandrahas (supra).
2. The Division Bench making a reference has not precisely put the controversy in the form of a question to be resolved by this Full Bench, however, this controversy would be clear from the facts as they emerge from the order of reference and material on record which we are stating hereinafter.
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