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SUBODH ABHYANKAR
Shirpal @ Shripal S/o Mohan Singh Sondhiya – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
1] They are heard. Perused the case diary/challan papers.
2] This is the fourth bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he/she is implicated in connection with Crime No.425/2022 registered at Police Station Makdon, Ujjain (MP) for offence punishable under Sections 304-B, 306 and 34 of IPC. The applicant is in custody since 10/01/2023. The allegations against the applicant is that of abatement of suicide by his wife.
3] His first bail application M.Cr.C. No.4892 of 2023 was dismissed by this Court on 31.01.2023, as withdrawn, whereas second application M.Cr.C. No.10436 of 2023 was also dismissed on merits on 17.03.2023, against which the applicant also prefers Special Leave to Appeal (Crl.) No.7412 of 2023, which was dismissed by the Supreme Court vide order dated 07.07.2023, as withdrawn and thereafter third application M.Cr.C. No.31025 of 2023 was also filed by the applicant, which came to be dismissed on 16.08.2023, on the ground that his earlier application has already been dismissed on merits.
4] Counsel for the applicant has submitted that while the third application was decided by this Court, it appears that the factu
A bail application can be refiled after a Special Leave to Appeal is dismissed as withdrawn, and the trial court retains jurisdiction to consider bail applications despite prior dismissals.
Prolonged incarceration justifies reconsideration of bail applications; prior rejections do not prevent courts from reevaluating bail based on changed circumstances.
The High Court acts as an appellate court under the Special Act, and a second appeal against the original bail order is not maintainable.
Bail – Filing of fresh bail application, once an earlier bail application has been rejected or if granted and thereafter cancelled is a matter of right – Solely on the ground that Apex Court had not ....
Bail – Filing of fresh bail application, once an earlier bail application has been rejected or if granted and thereafter cancelled is a matter of right – Solely on the ground that Apex Court had not ....
Judicial discretion in granting bail must be exercised judiciously, with specific reasons provided, especially when prior applications have been denied.
The main legal point established in the judgment is the importance of following due process of law, including custodial interrogation, and the rejection of bail applications due to the abuse of the l....
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