2024 Supreme(Online)(SC) 5805
SANJIV KHANNA, DIPANKAR DATTA, JJ
VAGARAM – Appellant
Versus
THE STATE OF MADHYA PRADESH – Respondent
SLP(Crl) No.-000135 / 2024
08-01-2024
The court dismissed the special leave petition for bail, emphasizing the petitioner's failure to establish a case, while allowing for a fresh application under changed circumstances.
Headnote:(A) Bail - Second bail application - Observations regarding maintainability after two years - The court noted that the petitioner did not make a case for bail, leading to the dismissal of the special leave petition. (Paras 1-2)
(B) Right to file fresh application - The petitioner may file a new bail application if circumstances change or if the trial is prolonged for reasons not attributable to him.
Findings of Court:
The court dismissed the special leave petition but allowed the possibility of a fresh application for bail under certain conditions.
Issues: The main issue was the maintainability of the second bail application after two years.
Ratio Decidendi: The court emphasized that the petitioner failed to demonstrate a case for bail, but acknowledged the right to reapply under changed circumstances.
Result: Special leave petition dismissed.
ORDER
The High Court may not be fully correct in making the observations in the impugned judgment that the second bail application was not maintainable, as the same was filed after two years. Be that as it may, we are not inclined to issue notice as the petitioner – Vagaram has not been able to make out a case for grant of bail. The special leave petition is, accordingly, dismissed. We hope and trust that the trial will proceed expeditiously. The petitioner – Vagaram will be entitled to file a fresh Digitally signed by Deepak Guglani Date: 2024.01.09 15:05:28 IST Reason:
Signature Not Verified application for grant of bail in case of change in circumstances or if the trail gets prolonged due to reasons not attributable to the petitioner or co-accused. Pending application(s), if any, shall stand disposed of. (DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR application for grant of bail in case of change in circumstances or if the trail gets prolonged due to reasons not attributable to the petitioner or co-accused. Pending application(s), if any, shall stand disposed of. (DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR
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