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        Case ID :

        2020 (10) TMI 1311 - HC - Indian Laws

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        Successive bail applications require fresh grounds or changed circumstances; bail was refused where no new basis was shown. A successive bail application is maintainable only if the applicant demonstrates fresh grounds or a material change in circumstances after the earlier ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Successive bail applications require fresh grounds or changed circumstances; bail was refused where no new basis was shown.

                            A successive bail application is maintainable only if the applicant demonstrates fresh grounds or a material change in circumstances after the earlier rejection or withdrawal. Here, the earlier bail plea had been withdrawn after filing of the charge-sheet, and the later application was also filed after the charge-sheet without any new circumstance shown. On those facts, no different view was justified, and regular bail was refused for want of maintainability and absence of fresh grounds.




                            Issues: Whether the successive bail application was maintainable in the absence of any change in circumstances.

                            Analysis: A successive application for bail can be entertained only if the applicant shows fresh grounds or a change in circumstances after the earlier rejection or withdrawal. In the present matter, the earlier bail application had been withdrawn after filing of the charge-sheet, and the present application was also filed after filing of the charge-sheet. No fresh circumstances were demonstrated to justify a different view.

                            Conclusion: The application for regular bail was not maintainable on the facts shown, and no ground for grant of bail was made out.

                            Final Conclusion: The request for bail was rejected for want of any change in circumstances or fresh grounds.

                            Ratio Decidendi: A successive bail application must disclose fresh grounds or changed circumstances to warrant a different decision from the earlier application.


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                            ActsIncome Tax
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