Subsequent bail application maintainable before Sessions Court after withdrawal of first one filed before HC

Sharad Vs The State of Maharashtra and Anr

Supreme Court

08/08/2019

CRIMINAL APPEAL NO.1221/2019

About/from the judgment:

An accused after withdrawing his bail application before the High Court can file a subsequent bail application before the Sessions Court, the Supreme Court has held.

 

The court was considering appeal filed against a High Court order that revoked the bail granted to accused by the Sessions Court on the ground that the application was not maintainable before it as he previously approached the High Court for bail and subsequently withdrew the bail application.

 

The bench in Sharad vs. State of Maharashtra, while setting aside the High Court order, observed:

 

It may be mentioned in this connection that there is no provision in the Code of Criminal Procedure, 1973 or law laid down by this Court that once an accused has withdrawn his bail application before the High Court, he cannot file a subsequent bail application before the Sessions Court and that his subsequent bail application would lie before the High Court only.

 

It then restored the bail granted to the accused.

 

Background

 

In this case, the Sessions Court while considering the contention put forth by the prosecution that once first bail application was withdrawn from the High Court unconditional then the Sessions Court is barred to take cognizance of the bail application, had observed: "It is very shocking and surprising to me. Strictly speaking I do not come across such type of provisions or any authority of Hon'ble Apex Court or High Court. In my view, unless the Hon'ble High Court has rejected the application of bail on merit & then on the same ground the second application is not maintainable but if subsequent events during the enquiry or trial took place then in my opinion the right of accused to move the application on the ground of subsequent event or change in circumstances cannot be denied or curtail."

 

While setting aside the Sessions Court order, the High Court had observed that the Sessions Court had given go-bye to judicial discipline and decided an application which was untenable on the principles of judicial propriety.

Read the Judgment

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