Successive Bail Applications Should Be Placed Before The Same Judge Who Considered The First One

19
05/2019

Successive Bail Applications Should Be Placed Before The Same Judge Who Considered The First One

In CRIMINAL APPEAL NO. 870 OF 2019, M/s Gati Limited vs T. Nagarajan Piramiajee & Anr., the FIR was registered against the accused for the offences punishable under Sections 420, 465, 467, 468 and 472 of the Indian Penal Code. He filed an anticipatory bail before the Madras High Court which was rejected by a judge of the Madurai bench. This order was upheld by the Apex court by dismissing the SLP filed against it. After 13 days, the accused filed a second application for anticipatory bail which came to be heard by another Judge, though the Judge who had heard the first application was available.

On appeal, the Supreme Court has reiterated that successive bail applications filed by an accused should be placed before the same Judge who had refused bail in the first instance, unless that Judge is not available.

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