RAMSEWAK SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FIRST application under section 438 of the Code of Criminal Procedure having been dismissed by this Court, vide order, dated 8 -6 -92, in M. Cr.C. No. 1760/92, this second petition under the same provision was presented on 30 -9 -92 on alleged discovery of new facts and grounds.

(2.) THE question arises whether a second application for anticipatory bail is maintainable ? Applicant's learned counsel's submission is that there appears to be no direct authority on this point. He however referred to the following observations occurring in Babu Singh and others v. The State of U.P. AIR 1978 SC 527

(3.) THEN , the field is really not as virgin as was sought to be projected is manifest from the following extract from in Malla Rama rao and others v. The State AIR 1978 SC 527.