Criminal Procedure Code, 1973
Section 439—Bail to murder convict—Dismissal of application by High Court—Appeal—Observation by the High Court that as no liberty was granted by the High Court and the Apex Court to file a fresh bail application, the appellant was not entitled to file a fresh bail application—Erroneous—Even if an earlier bail application is rejected, an accused can make a fresh application at a subsequent stage on the ground of material change in circumstances—It was the duty of the High Court to consider the bail application on merits, however, that has not been done—After the first bail application was rejected, now all the eye-witnesses have been examined—This was a major change in circumstances brought about after the dismissal of the first application for bail by the Sessions Court—Appellant is in custody for a period of four years and eight months in connection with the offences—Considering this fact and considering the long duration of incarceration, the appellant is entitled to be enlarged on bail pending the trial—Impugned order set aside—Appeal allowed.
[Paras 5 & 6]