RIFAKAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a second petition for grant of anticipatory bail to the petitioner in FIR No.585, dtd. 4/11/2022, under Ss. 147, 148, 149, 188, 323, 452, 379, 427 and 506 of IPC (Sec. 307 of IPC added later on), registered at Police Station Sadar Nuh, District Nuh.

(2.) Learned counsel for the petitioner has drawn attention of this Court to an order dtd. 30/5/2023 passed by the Apex Court, whereby the petitioner has withdrawn the Special Leave Petition with liberty to file a fresh petition before this High Court seeking the same relief and said liberty was granted, therefore, he contends that the second anticipatory bail petition is maintainable.

(3.) On a question put by this Court that the second anticipatory bail petition would be maintainable only in case there was any inadvertent bona fide error for not bringing any fact before this Court on the previous date of hearing i.e., on 28/3/2023 or there is any subsequent change of circumstances, but the petitioner has failed to refer any such change of circumstances or factual aspect to claim maintainability of second anticipatory bail petition, except the argument that Sec. 307, which was added later on is not attributed to the petitioner.