Rushan Ali vs The State Of Madhya Pradesh
2022 Latest Caselaw 7217 MP

                                    1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                                  BEFORE
                    HON'BLE SHRI JUSTICE VISHAL MISHRA
                            ON THE 12th OF MAY, 2022

                 MISC. CRIMINAL CASE No. 23078 of 2022

           Between:-
           RUSHAN ALI S/O SAIYED AZHAR ALI , AGED
           ABOUT 22 YEARS, OCCUPATION: STUDENT
           HOUSE NO.27 NEELAM COLONY NEAR LILI
           TALKIES JAHANGIRABAD BHOPAL (MADHYA
           PRADESH)

                                                             .....PETITIONER
           (BY SHRI VEER BAHADUR, ADVOCATE )

           AND

           THE STATE OF MADHYA PRADESH THROUGH
           P.S. SHAHJAHANABAD BHOPAL (MADHYA
           PRADESH)

                                                           .....RESPONDENTS
           (BY SHRI RAJESH CHAND, GOVERNMENT ADVOCATE )

      This application coming on for admission this day, the court passed the
following:
                                    ORDER

This is the second bail application under Section 438 of Cr.P.C filed by

the applicant for grant of bail.

The applicant apprehends his arrest in Crime No.249/2022 registered by Police Station Shahjahanabad, District Bhopal for offence punishable under Section 306 of Indian Penal Code.

Earlier bail application was dismissed as withdrawn vide order dated 27/04/2022 passed in M.Cr.C.No.20824/2022. The aforesaid order reads as under :-

"Counsel for the applicant prays for withdrawal of the application with a liberty to surrender before the trial Court and apply for regular bail. Prayer is allowed.

The application is dismissed as withdrawn with the liberty as prayed for.

It is submitted that the applicant will surrender within three days and apply for regular bail. A prayer is made to direct the trial Court to expedite the proceedings of bail.

If the applicant surrenders within three days from today and filed an application for grant of bail, the trial Court is directed to expedite the proceedings."

From the perusal of the aforesaid, it is clear that earlier the applicant has prayed for withdrawal of the application with a prayer that applicant will surrender within three days and apply for regular bail. As prayed, this Court has directed the trial Court to expedite the proceedings of bail.

The applicant has not been complied with the earlier order and this repeat application under Section 438 of the Cr.P.C. has been filed which is not maintainable in view of judgment passed by the Apex Court in the case of G.R.Ananda Babu Vs. State of Tamilnadu [SLP (Criminal) No.213/2021] decided on 28.01.2021 wherein the Hon'™ble Supreme Court has categorically held that no such repeat application should have been considered under Section 438 of Cr.P.C. In such circumstances no such ground for entertaining the second application is made out.

In such circumstances, no case is made out for interference. The application is hereby rejected.

However, he is directed to surrender and apply for regular bail.

(VISHAL MISHRA) JUDGE manju

Signature Not Verified SAN

Digitally signed by MANJU CHOUKSEY Date: 2022.05.13 10:49:54 IST