UTPAL SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr.BC Das, learned counsel for the petitioner. Also heard Mr. FH Laskar, learned PP, Assam.

(2.) The petitioner has moved this application under section 438 CrPC for the second time apprehending arrest in connection with Jaluk bari PS Case No.352/03 registered under section 458/427/506/34IPC. In paragraphs 5 and 6 of this application he has fairly mentioned that on earlier occasion, an application for pre-arrest bail, commonly termed as anticipatory bail, was preferred but the same was rejected by this Court and this second application has been filed on a fresh ground stating that he has been suffering from severe infection of Hepatitis with peptic ulcer disease for which Doctor has advised him for immediate hospitalization.

(3.) The new change of circumstances or development of fresh situation, after rejection or disposal of an application filed under section 438 CrPC earlier, cannot be accepted as a ground for filing a second application for pre-arrest bail under the said section. The second or subsequent application after rejection and disposal of the earlier application for pre-arrest bail, is not maintainable. Section 438 CrPC does not contemplate for moving such a second application for anticipatory bail in the same court, once prayer for such benefit is refused either by the Court of Sessions or the High Court.