2nd Anticipatory Bail: SC depricates the Practice of moving it after dismissal of the First

  

The Supreme Court has recently depricated the practice of moving a second application u/s 438 of the Code before the High Court after the rejection of first for no reasonable cause and without any change of circumstance.

The Bench comprising of Justice Ajay Rastogi and Justice AS Oka while considering a SLP assailing Jharkhand High Court's order, noted that there was no substantial change of circumstances placed on record while filing the second application seeking pre-arrest bail.

The petitioner herein was arrested in connection with a case instituted under Sections 279, 307, 308, 511, 427, 353 of the Indian Penal Code, Section 12 of Prevention of Slaughter of Bovine Animals Act, 2005 and Section 11 of Prevention of Cruelty to Animals Act, the petitioner had approached the High Court for grant of privileges of anticipatory bail.

The Court noted:

"Even before us, the learned Counsel for the petitioner is unable to show any change of circumstances to invoke the jurisdiction of filing second application under Section 438 of the Code before the High Court. We deprecate such practice of filing second application under Section 438 of the Code after the first being rejected."

Read Order Here:

 

 

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