1. M. S. M. Uwize VS State by The Intelligence Officer, State by The Intelligence Officer, South Zonal Unit, Chennai - 16 May 06
Absence of quantity analysis in Chemical Report of no consequence.
bail application---In case of change in circumstances either on facts or on law, second application for bail maintainable---Presence ... ), 8(c) read with Sections 21, 23, 29---Code of Criminal Procedure, 1973 (2 of 1974), Section 439---Seizure of narcotic drugs---Second ... of Diacetyl Morphine (heroin) in contraband sufficient to decide case against petitioner---Petitioner cannot be enlarged on bail ... This petition is filed by him for bail on the ground of change in the circumstances as narrated ... in the circumstances either in relation to the facts or on the question of law, the petitioner is entitled to maintain this second ... analysis particulars and inasmuch as the petitioner is undergoing incarceration from 15.12.2001, he has come forward with this second
India - Madras
2. Mohammad Khurshid VS State of Rajasthan - 07 Jan 14
change in circumstances – Anticipatory bail declined without expressing any opinion on merits – Bail application dismissed. ... and liberty was granted of filing fresh bail application after framing of charge hence this second bail application – No material ... Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 8/25 and 8/20 – First bail application came to be dismissed as withdrawn ... - This is second bail application of the accused petitioner. ... in circumstances and without expressing any opinion on merits, is not inclined to grant indulgence of post arrest bail to the accused ... Consequently, the instant second bail application filed by the accused petitioner Mohammad Khurshid stands dismissed.Bail
India - Rajasthan
3. SHYAMDUTT UPADHYAY VS STATE - 23 Sep 91
grounds or change in circumstances second or subsequent bail application should not be allowed. ... in circumstances, the accused should not have been released on bail by the learned Judge. ... respondent-accused was not pressed and the same was withdrawn, it amounts to an order of dismissal and in absence of fresh grounds or change ... * unless and until fresh circumstance or ground is made out by the accused for releasing him on bail. ... merits, irrespective of the fact that the earlier Bail Application was withdrawn by him. ... or not, in that case also, in my view, the bail could not have been granted to the present petitioners.
India - Gujarat
4. Rahul Vishnoi VS State of Uttarakhand - 06 Jun 22
Anticipatory Bail – Successive anticipatory bail applications cannot be maintained without any change in circumstances.
application on merit, there is no change in circumstances to entertain present second anticipatory bail application – Second Anticipatory ... registered for offence under Sections 409, 420, 467, 468 and 471 of IPC – Anticipatory bail can be granted only in exceptional circumstances ... Criminal Procedure Code, 1973 – Section 438 – Second Anticipatory Bail Application – First Information Report ... in circumstances to entertain present second anticipatory bail application. ... the changed circumstances. ... circumstances, the second bail application would be deemed to be seeking review of the earlier judgment which is not permissible
India - Crimes
5. ARIF HUSSAIN SABIR HUSSAIN @ PANN WALA VS STATE OF MAHARASHTRA - 26 Jun 06
to Court that there is a change in circumstances, the accused has a right to move second bail application. ... only if it is pointed out there has been substantial change in circumstances which calls for fresh look to case of applicant. ... bail application. - Accused facing trial under POTA can file second bail application even if his earlier bail application is rejected ... application for bail can be taken up for consideration if it is pointed out to the trial Court that there has been substantial change ... in circumstances which calls for fresh look to the case of the applicant so as to consider whether he deserves to released on bail ... Under such circumstances when
India - Bombay
6. Rajesh Kumar Minocha VS State Of Chhattisgarh - 12 Feb 15
before this court in second bail application with more material which is certainly a change in circumstances which entitles the ... bail application can be entertained upon establishment of change in circumstances like filing of charge-sheet, on completion of ... application filed by applicant was dismissed by this court on merit thereafter, there is change in circumstances as charge-sheet ... The question of maintainability of second bail application upon establishing the change of circumstances is no longer res integra ... decided on merits on 05.01.2015 and therefore second bail application is not entertainable as there is no change in circumstances ... has approached before this court in second bail application with more material which is certainly a change in circumstances which
India - Chhattisgarh
7. Financial Software and Systems (P) Ltd. VS S. Pawan Kumar Gupta - 25 Oct 16
was dismissed - As there was no change of circumstances when second anticipatory bail application was allowed - It seems the said ... the total amount misappropriated is and an amount misappropriated from Hyderabad State of Telangana itself - First anticipatory bail ... judge who granted bail did not bother about the misappropriation of huge amount and has also not bothered about the serious allegations ... There was no change of circumstances ... As there was no change of circumstances ... Earlier bail application was dismissed. This is the second bail application.
India - Andhra
8. Ganesh Raj VS State of Rajasthan - 02 Mar 05
Second Bail application u/Sec. 438 Cr.P.C. is not maintainable where no change of circumstances – In some cases the view was, second ... State (supra) have held that subsequent or Second Bail Application u/S. 438 Cr.P.C. is maintainable on new facts, changed circumstances ... bail application u/Sec. 438 Cr.P.C. is maintainable only on the basis of new facts and changed circumstances – Matter referred to
India - Rajasthan
9. Aneesh VS State of Kerala - 27 Feb 13
In exceptional circumstances even in the absence of change of circumstances, a second application for anticipatory bail would be maintainable after withdrawal of earlier application, provided the court is satisfied that the attempt of the accused is not to delay the investigation of the case or to gain time in the matter of arrest or for some other undesirable gains.
at a subsequent stage, particularly when there is change of circumstances—Depending upon facts and circumstances of each case, a ... application on same set of facts and for some relief—Maintainability—A rigid Rule that under no circumstances a second application ... second application for anticipatory bail would be maintainable even if earlier application was withdrawn. ... even in the absence of change of circumstances, a second application for anticipatory bail would be maintainable after withdrawal ... unless here is change of circumstances. ... at a subsequent stage, particularly when there is change of circumstances.
India - Crimes
10. State Of M. P. VS Kajad - 06 Sep 01
VERY Liberal approach for granting bail for offences under NDPS Act is uncalled for in view of Section 37 of the Act. In any case second application for bail should not be entertained if there are no change in circumstances.
first rejected by High Court-In second application bail was granted-No change in circumstances pleaded-Whether liberal approach ... But without the change in the circumstances the second application would be deemed to be seeking review of the earlier judgment which ... It is true that successive bail applications are permissible under the changed circumstances. ... But without the change in the circumstances the second application would be deemed to be seeking review of the earlier judgment which ... the accused in view of the dismissal of his earlier bail application and in the absence of any change in the circumstances. ... Without mentioning any change in the circumstances, the respondent-accused moved another application in the High Court in the month
India - Supreme Court