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SURESH KUMAR KAIT, VIVEK JAIN
Dharam Singh Parihar – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Kait, C.J. -- 1. By order dated 9.9.2024 passed in Criminal Appeal No.9530/2024, the learned Single Judge has referred the following question to be considered by this Court :--
"as as to whether a second criminal appeal is maintainable against the same impugned order rejecting bail, after rejection of first criminal appeal under section 14(A) of the SC and ST (Prevention of Atrocities) Act and the accused is not required to file a fresh application for grant of bail before the Special Court after dismissal of first criminal appeal by this Court".
2. Similar is the situation in connected Criminal Appeal Nos.9968/2024, 10414/2024 and 13656/2024. Hence, we are proceeding ahead to consider the said referred question.
3. When the matter came before the learned Single Judge, he found two divergent views on the issue in question expressed by two different learned Single Benches. On one way, in Criminal Appeal No.4668/2017 (Ramu Ramu @ Ramlal v. State of Madhya Pradesh vide order dated 5.12.2017 following observations have been made :--
"10. Further, the 'law of bail' is an integral part of Article 21 of the Constitution of India which provides that no person shall be deprived of li
A second criminal appeal against the same order rejecting bail is not maintainable after an initial dismissal under Section 14(A) of the Special Act.
availability of the remedy of appeal under sub-section (2) of Section 14-A of the SC and ST Act, it will not be open for the High Court to exercise the original or concurrent jurisdiction under Secti....
The High Court acts as an appellate court under the Special Act, and a second appeal against the original bail order is not maintainable.
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