A second criminal appeal against the same order is not maintainable unless new facts are presented.

This is second criminal appeal filed on behalf of the appellant under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of bail against order dated 22.09.2023 passed by Special Sessions Judge (SC/ST Act), Umaria (MP) passed in B.A. No. 281/2023.

2. Appellant has been arrested on 10.09.2023 in connection with FIR No. 395/2023, registered at Police Station Indwar, District Umaria for the offences punishable under Sections 376(2)(n), 506 r/w 34 of IPC and Section 3(1)(w)(I) and 3(2)(5 ka) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. Learned Government Advocate appearing for State raised objection that second criminal appeal against the same order passed by trial Court is not maintainable.

4. Appellant has filed appeal against order dated 22.09.2023. Against the said order, earlier also appellant has filed Criminal Appeal No. 13115/2023 before this Court for grant of bail. Said appeal was considered and rejected vide order dated 22.11.2023. Against the said order, appellant has again filed appeal before this Court.

5. Counsel appearing for appellant has relied upon judgment dated 29.11.2023 passed by coordinate Bench in Cr.A. No. 13238/2023, Salim Khan vs The State of Madhya Pradesh and another, wherein it has been stated that appeal against the same order is maintainable.

6. Appellant has not stated any new facts. On same old grounds on which his earlier appeal has been dismissed, fresh criminal appeal against the same order is not maintainable.

7. Criminal appeal filed by appellant is dismissed.