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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SURESH KUMAR KAIT, CJ, VIVEK JAIN
Dharam Singh Parihar – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. questions regarding the maintainability of successive appeals against bail orders. (Para 1 , 2) |
| 2. clarification of the legal principles regarding appeals in bail cases. (Para 3 , 10 , 12 , 14 , 20) |
| 3. arguments for and against the appealability of previous bail decisions. (Para 5 , 6) |
| 4. judicial reasoning on appeal rights and the concept of functus officio. (Para 9 , 13 , 15 , 19) |
| 5. conclusion reasserting limitations on repeat appeals under the special act. (Para 21 , 22) |
ORDER :
"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."
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 @ Ramlal vs. State of Madhya Pradesh) vide order dated 05.12.2017 following observations have been made:-
11. In t
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.
The High Court has the authority to grant bail under Section 389(2) despite prior denials by subordinate courts, maintaining concurrent jurisdiction to enhance access to justice.
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