Supreme Court: Whether accused can file bail application before Session court after withdrawing it from High court?

Having carefully scrutinized the material available on record,

we are of the considered view that the High Court has passed the

impugned order, without application of its mind, by revoking the

bail granted to the appellant by the Additional Sessions Judge-3,

Nagpur in Misc. Criminal Application No. 1847 of 2017, on the

ground that the application was not maintainable before the Trial Court as the appellant previously approached the High Court for bail and subsequently withdrew the bail application. It may be mentioned in this connection that there is no provision in the Code of Criminal Procedure, 1973 or law laid down by this Court that once an accused has withdrawn his bail application before the High Court, he cannot file a subsequent bail application before the Sessions Court and that his subsequent bail application would lie before the High Court only. Thus, the impugned order of the High Court is not sustainable in the eyes of law and deserves to be set aside.

 IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1221/2019

SHARAD Vs THE STATE OF MAHARASHTRA & ANR. 

Dated: 8TH AUGUST, 2019.

Leave granted.

We have heard the learned counsel appearing for the appellant

– accused, learned counsel appearing for Respondent No.1 - State of

Maharashtra and learned counsel appearing for Respondent No.2 -

complainant.

Having carefully scrutinized the material available on record,

we are of the considered view that the High Court has passed the

impugned order, without application of its mind, by revoking the

bail granted to the appellant by the Additional Sessions Judge-3,

Nagpur in Misc. Criminal Application No. 1847 of 2017, on the

ground that the application was not maintainable before the Trial

Court as the appellant previously approached the High Court for

bail and subsequently withdrew the bail application.

It may be mentioned in this connection that there is no

provision in the Code of Criminal Procedure, 1973 or law laid down

by this Court that once an accused has withdrawn his bail application before the High Court, he cannot file a subsequent bail application before the Sessions Court and that his subsequent bail application would lie before the High Court only. Thus, the impugned order of the High Court is not sustainable in the eyes of law and deserves to be set aside.

In view of the above, we set aside the impugned order of the

High Court revoking the bail granted to the appellant by the

Sessions Court. Order dated 20.9.2017 passed by the Additional

Sessions Judge-3, Nagpur in Misc. Criminal Application No. 1847 of

2017 granting bail to the appellant is hereby restored.

Needless to state, if the appellant is in jail, he shall be

released forthwith if he is not required in any other case.

The appeal is allowed in the afore-stated terms.

......................J

(N.V. RAMANA)

......................J

(AJAY RASTOGI)

NEW DELHI;

8TH AUGUST, 2019.

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