DHARAM SINGH PARIHAR Vs. STATE OF M.P.

JUDGEMENT

(1.) By order dtd. 9/9/2024 passed in Criminal Appeal No.9530/2024, the learned Single Judge has referred the following question to be consider considered by this Court:- "as as to whether a second criminal appeal is maintainable against the same impugned order rejectinrejecting g bail, after rejection of first criminal appeal under Sec. 14(A) of the SC and ST (Prevention of Atrocities) Act and the accused is not required to file a fresh application for grant of bail before the Special Court after dismissal of first criminal appeal peal by this Court".

(2.) Similar is the situation in connected Criminal Appeal Nos.9968/2024, 10414/2024 and 13656/2024. Hence, we are proceeding ahead to consider the said referred question.

(3.) When the matter came before the learned Single Judge, he found two divergent views on the issue in question expressed by two different learned Single Benches. On one way, in n Criminal Appeal No.4668/2017 (Ramu Ramu @ Ramlal Vs. State of Madhya Pradesh vide order dtd. 5/12/2017 following observations have been made:-