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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR
Dharmendra – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
1. They are heard. Perused the case-diary.
2. This is the fourth bail application filed by the applicant under Section 483 BHARTIYA NAGRIK SURAKSHA SANHITA, 2023/ Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.95/2023 registered at Police Station Bhairavgarh District Ujjain for the offences punishable under Sections 409 , 420, 467, 468, 471, 120 B & 34 of IPC and Sections 7 (C), 13(1)A, 13(2) of the Prevention of Corruption Act 1988, section 66(c) of the Information Technology Act 2000. The applicant is in custody since 29.3.2023.
3. His first temporary bail application was dismissed by this Court vide order dated 8.11.2023, passed in MCRC.No.49797/2023. His second regular bail application was dismissed on merits vide order dated 26.2.2024 passed in MCRC.No.2931/2024 (Annexure P-9) by the coordinate Bench of this Court which was challenged by the applicant before the Supreme Court in SLP Crl.No.6237/2024 which was also dismissed vide order dated 6.5.2024. Whereas, third bail application was also dismissed by this Court vide order dated 13.8.2024, in MCRC.No.34552/2024 observing that since the applicant has not sought any liberty f
Prolonged incarceration justifies reconsideration of bail applications; prior rejections do not prevent courts from reevaluating bail based on changed circumstances.
The gravity of the charges, the interest of society, and the likelihood of the accused being available for trial are crucial factors in deciding bail applications.
Delay in trial cannot be used as a ground for bail.
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 ....
A bail application can be refiled after a Special Leave to Appeal is dismissed as withdrawn, and the trial court retains jurisdiction to consider bail applications despite prior dismissals.
The need for a substantial change in circumstances for successive bail applications and the limited impact of the period spent in custody and the framing of charges on the bail application.
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