STATE OF M.P. Vs. ANANDRAM

JUDGEMENT

(1.) THIS M.Cr.C. is registered on the orders of the Honourable The Chief Justice by way of Reference for answering the questions raised by Honourable Justice Shri N.K. Jain, the Portfolio Judge of Shajapur District on the judicial side.

(2.) THE matter in controversy arose before the Apex Court in case of Shahzad Hasan Khan v. Ishitaq Hasan Khan and another (supra), the Apex Court in the aforesaid case, while dealing with the matter in controversy has held that : - -

(3.) IN view of the aforesaid decision of the Apex Court and the Full Bench of this Court, it is imperative that once the bail application filed by an accused is heard and decided by a particular Judge or the Bench, the susequent applications filed by the same accused should be placed before the same Judge or Bench passing earlier order subject to availability. In the present case, it is not disputed that the previous bail application was decided by Add!. Sessions Judge and Special Judge, Shri Rathore in absence of the Sessions Judge in the capacity of an Acting Sessions Judge. As such, the subsequent bail application filed by the same accused is required to be placed before Shri Rathore for disposal as Shri Rathore was available in the same district and was competent to dispose of the subsequent bail applications made over to him for disposal. On perusal of the decision of the Apex Court in case of Shahzad Hasan Khan (supra) and the Full Bench Decision of this Court in case of Narayan Prasad (supra), it is apparent that in both the aforesaid cases the Courts ruled that the subsequent bail applications should be placed before the same Judge or Bench and not before the same Court.