1991 (9) TMI 365

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.... rejected by; the trial Court he filed an application before the High Court which was dismissed with the observation that he could renew the prayer after the submission of the report by the police on completion of investigation. After the charge-sheet was filed in the case the appellant along with two other accused persons renewed the prayer before the Sessions Judge who again rejected the same. T....

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.... additional fact was stated nor any allegation against the appellant was made which could be relevant for the prayer of cancellation of earlier bail order. The prayer for cancellation was founded on the observations in the order of Mr. Justice Gupta which was verbatim quoted in the petition. 3. The application was listed before Mr. Justice Gupta who by the impugned judgment cancelled the earlie....

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....lation, but that is not the position in the present case. On the basis of the same materials and in the same circumstances in which the order was earlier passed in favour of the appellant by the High Court, the application for cancellation was made entirely as a sequel to the observations made by Mr. Justice Gupta while dealing with the application of another accused. It must be, therefore, held t....