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pointbalaji (advocate)     19 May 2012

Bail

302 ipc. all the acussed released on bail after 90 days.   my client 3rd accused( conspirancy) still in prison more 2 years, already bail dismissed high court and apex court, after 6 months second time bail granted , but apex court setaside the bail order because of suppress of fact means we r not mentioned the apex court dismiss details before the high court.     totally 32 witns, all eye witnss turned hostily in this chang of circumstance can i file fress bail befor the high court or before the apex court pls urgent  



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 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     19 May 2012

There is no bar on successive bail applications if there is change of circumstances (and not change of arguments!). The fact that witnesses have turned hostile and the accused has spent a lot of time in jail as an undertrial may be a ground, the fact that others have got bail may strengthen his case on grounds of parity. 

As regards sucessive bail read :-

Kalyan Chandra Sarkar v. Rajesh Ranjan @ Pappu Yadav.

 

Good Luck !


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