KAISHAR ALLAM Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners are accused persons in G.R. Case No. 439 of 2008 pending in the Court of Learned J.M.F.C, Barbil involving offence under Sections 452/341/323/427/34 of the I.PC. read with Sections 25 and 27 of the Arms Act.

(2.) HEARD Learned Counsel for both sides on the question of bail. Perused the records.

(3.) A perusal of the record shows that the present petitioners along with Rinku Chugh were denied bail by this Court as mentioned above. No fresh ground has been taken in the present bail petition nor was advanced at the time of argument. It is trite to say that the principles of res judicata is not applicable to an application for bail and such applications may be filed more than once. However, every successive bail application must be based on a changed circumstance entitling the petitioners to bail. In other words even though bail is rejected once, the petitioner may approach the Court again for bail on the basis of changed circumstances basing on which he may be granted bail. Such changed circumstances may consist of examination of new witnesses by the I.O. throwing fresh light on the culpability of the petitioner or unearthing of some evidence by the Investigating Agency which exonerates the petitioner or at least reduces his culpability. It maybe of a different nature such as his own illness or illness of his relative or some unforeseen exigency like death in the family or a forthcoming interview or even a natural calamity. The list is endless and cannot be catalogued.