Bom HC | Subsequent bail application not maintainable if grounds which were available were not raised in previous application

Bombay High Court: The Division Bench of Sadhana S. Jadhav and Anuja Prabhudesai, JJ. dismissed a third bail application filed by a convict in a case for the offences under Section 302 read with Section 34 IPC.

Allegations against the applicant were that on the day of the incident, the deceased (waiter in the hotel concerned), was serving the applicant and his friends during which some water spilled on the table. A quarrel took place after which the waiter proceeded towards Police Station to lodge a complaint. It was alleged that the applicant took a bamboo stick from his car and inflicted a blow on the waiter’s head which resulted in his death. The applicant faced a trial, at the conclusion of which he was convicted as mentioned above. The applicant filed a bail application pending the appeal, however, it was dismissed. Having failed on two earlier occasions, the present third bail application was filed seeking suspension of sentence and release on bail.

Referring to State of Maharashtra v. Buddhikota Subha Rao, 1989 Supp 2 SCC 605 the High Court observed that there is an embargo on filing repeated bail applications on same facts to ensure some degree of finality to the order passed and to maintain judicial discipline and proprietary. It was noted that the present application was not filed on the ground of a change in circumstances. It was observed, ” the mere fact that some of the grounds which were available were not raised in the previous application or that the said grounds are not reflected in the previous order would not justify entertaining subsequent bail application.” In such view of the matter, the application was dismissed. [Ashok Pundalik Gavade v. State of Maharashtra, 2019 SCC OnLine Bom 155, dated 30-01-2019]

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