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        Case ID :

        2021 (9) TMI 1455 - HC - Indian Laws

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        Court denies third bail request in Indian Penal Code case, citing lack of new circumstances. The court denied the petitioner's third request for regular bail in a case involving various sections of the Indian Penal Code. The court reiterated its ...
                        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.

                              Court denies third bail request in Indian Penal Code case, citing lack of new circumstances.

                              The court denied the petitioner's third request for regular bail in a case involving various sections of the Indian Penal Code. The court reiterated its previous decisions denying bail, emphasizing that no new circumstances warranted a different outcome. The judge noted the lack of examination of prosecution witnesses and the absence of significant changes since the previous denial of bail. The court refused to grant bail, maintaining a neutral stance on the case's merits and evidence.




                              Issues:
                              Petition for regular bail under Section 439 of the Code of Criminal Procedure, 1973 in a case involving Sections 406, 419, 420, 467, 468, and 471 of the Indian Penal Code, 1860.

                              Analysis:
                              The judgment pertains to the dismissal of the third petition for regular bail filed by the petitioner in a case registered under various sections of the Indian Penal Code at Police Station Panipat City, Panipat (Haryana). The first two petitions for bail were also dismissed earlier. The argument raised by the petitioner's counsel regarding the release of co-accused on bail was considered but did not sway the court's decision. The State counsel opposed the bail citing that none of the nineteen prosecution witnesses have been examined yet. The court noted that there were no significant changes in circumstances since the dismissal of the second petition, and thus, found no grounds to grant bail to the petitioner.

                              The judgment highlights the previous orders of the court, emphasizing that the argument regarding co-accused being granted bail had already been considered and rejected in the earlier petition. The court reiterated that the reasons for denying bail in the previous order still applied, and no new circumstances were presented to warrant a different decision. The judge, relying on the detailed order from the previous petition, concluded that the current situation did not merit granting regular bail to the petitioner. The judgment concludes by clarifying that the decision should not be construed as an expression of opinion on the merits of the case, maintaining a neutral stance on the underlying allegations and evidence.
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                              ActsIncome Tax
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