SATYA PAL Vs. STATE OF U P

JUDGEMENT

(1.) THE following question has been referred by learned single Judge to be decided by this Court :

(2.) BEFORE the learned single Judge reliance was placed on the decision of a learned single Judge of this Court in the case of Gama v. State of U.P. reported in 1987 Cri LJ 242. The learned single Judge in paragraph 5 of his judgment observed as follows :

(3.) WE have heard learned counsel for the parties and have gone through the cases which were cited before the learned single Judge as also before us. We think that the point is well settled by the judgment of the Supreme Court in the case of State of Maharashtra v. Buddhikota Subha Rao, (AIR 1989 SC 2292) (supra). In the aforesaid judgment of the Supreme Court while disapproving grant of bail by a learned single Judge of the High Court just after two days when a number of bail applications had been dismissed by another learned single Judge of that Court the Supreme Court also considered various other aspects relating to the question as to under what circumstances an application for bail should be considered even a previous application for bail had been rejected. It will be proper to quote relevant passages from paragraphs 6 and 7 of the said judgment :