bail – Right to make successive applications for grant of bail – Court entertaining such subsequent bail applications has a duty to consider the reasons and grounds on which the earlier bail applications were rejected – In such cases, the court also has a duty to record what are the fresh grounds which persuade it to take a view different from the one taken in the earlier applications.
Held,
In the impugned order we do not see any such fresh ground recorded by the High Court while granting bail. It also failed to take into consideration that at least on four occasions order refusing bail has been affirmed by this Court and subsequently when the High Court did grant bail, this Court by its order dated 26th July, 2000 cancelled the said bail by a reasoned order. From the impugned order, we do not notice any indication of the fact that the High Court took note of the grounds which persuaded this Court to cancel the bail. Such approach of the High Court, in our opinion, is violative of the principle of binding nature of judgments of superior court rendered in a lis between the same parties, and in effect tends to ignore and thereby render ineffective the principles enunciated therein which have a binding character.
read HERE 2004 PLRonline 005
read HERE KALYAN CHANDRA SARKAR v. RAJESH RANJAN @ PAPPU YADAV, 2004 PLRonline 005
