Criminal Procedure Code, 1973
Section 439—Bail—Filing of a fresh application—Earlier bail application of appellant was allowed by the High Court, however, the said order was set aside by the Apex Court—Appellant applied afresh for bail before the High Court and said application was rejected solely on the ground that the Apex Court while cancelling the bail granted by the High Court, had not given any liberty to the appellant to file a fresh bail application—Challenged—Filing of a fresh bail application, once an earlier bail application has been rejected or if granted and thereafter cancelled is a matter of right and solely on the ground that the Apex Court has not permitted filing of the fresh bail application, the High Court was not justified in dismissing the bail application—Impugned order passed by the High Court rejecting the bail application of appellant is set aside and matter remanded to the High Court for decision afresh on merits.
[Paras 5 & 6]