PRASANJEET BASU MALLICK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under S. 459 of the Code of Criminal Procedure (hereinafter referred to as the " Cr. P.C." ).

(2.) The petitioner is in jail custody since 7-5-1992 on the allegation that he has committed offence under S. 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "N.D.P.S. Act" ). It is alleged that the petitioner along with another accused person was found in possession of brown sugar.The petitioner had earlier filed Crl. Misc. Case No. 3404 of 1995 which was withdrawn by the petitioner for the purpose of filing another application before the trial Court on the ground of contravention of S. 167(2), Proviso, of the Cr.P.C. The subsequent bail petition of the petitioner having been rejected by the Addl. Sessions Judge on 1-2-1996, the petitioner filed Cri. Misc. Case No. 813 of 1996. The said application was dismissed on technical ground as wrong case number had been indicated and thereafter the present bail application has been filed.

(3.) At the threshold it was submitted on behalf of the learned standing counsel that the previous applications for bail filed by the petitioner having been rejected on earlier occasions, the present application could not be entertained. The submission of the learned standing counsel is unacceptable. As earlier indicated, the first bail application by the petitioner numbered as Cri. Misc. Case No. 3404 of 1995 was withdrawn to enable the petitioner to file a fresh application before the trial Court. The subsequent bail application numbered as Cri. Misc. Case No. 813 of 1996 was not dismissed on merit but on a technical ground and opportunity had been given to the petitioner to file fresh application giving the correct case member. Moreover, law is well settled that rejection of a bail application at an earlier stage does not preclude an accused person to file a fresh application, keeping in view the change in circumstances.