KHURSHEED Vs. STATE OF U P

JUDGEMENT

(1.) "Whether the second bail application on the grounds, which were available at the time of dismissal of first bail application is maintainable?" is the main point that falls for consideration in this case, in which second bail has been moved on behalf of the applicants named above in Case Crime No. 670 of 2008 under Sections 419, 420, 467 and 468, I.P.C. of P. S. Govardhan, district Mathura.

(2.) THE First Bail Application No. 30292 of 2008 was rejected on merit by another Bench of this Court vide order dated 11.11.2008.

(3.) BEFORE coming to the submissions made by learned counsel for the applicants and A.G.A., I would like to express my views on the legal question, which I have posed for consideration as stated herein-above. This question has been posed for consideration, because second or subsequent bail applications are being moved by Hon'ble members of the Bar on the same ground, which were available at the time of rejection of the first bail application. It is generally argued by Hon'ble members of the Bar that there is no legal bar to move second or subsequent bail applications even on those grounds, which were available at the time of disposal of first bail application, if arguments about those grounds were not advanced at the time of disposal of first bail application.