Law is well settled that an accused has a right to
make successive applications for grant of bail but successive bail
applications are permissible under the changed circumstances.
The change of circumstances must be substantial one which has
a direct impact on the earlier decision and not merely cosmetic
changes which are of little or no consequence. Without the
change in the circumstances, the subsequent bail application
would be deemed to be seeking review of the earlier rejection
order which is not permissible under criminal law. While
entertaining such subsequent bail applications, the Court has a
duty to consider the reasons and grounds on which the earlier
bail applications were rejected and what are the fresh grounds
which persuade it warranting the evaluation and consideration of the bail application afresh and to take a view different from the one taken in the earlier applications. There must be change in the fact situation or in law which requires the earlier view being interfered with or where the earlier finding has become obsolete. This is the limited area in which the application for bail of an accused that has been rejected earlier can be reconsidered.
IN THE HIGH COURT OF ORISSA, CUTTACK
BLAPL NO. 854 Of 2015
An application under section 439 of the Code of Criminal
Procedure, 1973.
Deepak Gupta V State of Orissa.
P R E S E N T:- MR. JUSTICE S.K. SAHOO
Date of order- 28.03.2016
Citation:2016 ALLMR(CRI)JOURNAL482
