Om Prakash Srivastava vs State
2005 Latest Caselaw 686 Del

JUDGMENT

Badar Durrez Ahmed, J.

1. Earlier by an order dated 06.05.2004, this court had dismissed the application for bail moved by the petitioner. While dismissing the same, this court had clearly observed that considering the antecedents of the petitioner, it seems quite likely the he would flee from justice if he is released on bail and the witnesses would not come forward to depose against him. This is the second bail application moved by the petitioner after the dismissal of the first application by the aforesaid order. The Supreme Court in the case of Kalyan Chandra Sarkar etc. v. Rajesh Ranjan alias Pappu Yadav and Anr.: 2005 AIR SCW 536 has held that ordinarily, the issues which had been canvassed earlier will not be permitted to be repaginated on the same ground and, accordingly, it held that a second bail application would not lie except where there is a change in the fact situation or in law which requires the earlier view being interfered with or where the earlier finding has become obsolete. In this case, no such condition for consideration of a second bail application exists.

2. Accordingly, the said application is dismissed.