Criminal Procedure Code, 1973 , Section 482 – Dismissal of an earlier 482 petition does not bar filing of subsequent petition under Section 482, in case the facts so justify.
Criminal Procedure Code, 1973, Section 484 ( S. 561A of the 1898 Code) – Dismissal of an earlier petition does not bar filing of subsequent petition under Section 482, in case the facts so justify.
Section 561-A preserves the inherent power of the High Court to make such Orders as it deems fit to prevent abuse of the process of the Court or to secure the ends of justice and the High Court must, therefore, exercise its inherent powers having regard to the situation prevailing at the particular point of time when its inherent jurisdiction is sought to be invoked. The High Court was in the circumstances entitled to entertain the subsequent application of Respondents Nos. 1 and 2 and consider whether on the facts and circumstances then obtaining the continuance of the proceeding against the respondents constituted an abuse of the process of the Court or its quashing was necessary to secure the ends of justice
I am under trial prisoner lodged in jail under section 307 of the cr.pc
My main bail application is pending in high court in Aurangabad bench. As per the latest SC guidelines, forming high powered committee to release the under trials and convicted prisoners due to Covid by granting them temporary bail for 45 says or until the revocation of the Covid19 notification .
Under such circumstances can a file an interim or temporary bail in City sessions court to grant me 45 days temporary bail,or must I withdrawn the regular bail plea from high court to file interim bail application in the session’s.
Please advice the legal implications
Thanks and best regards