JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ADMITTEDLY , in this case earlier bail application filed by this petitioner had been rejected by my learned brother by his order dated 7.12.1995 in Criminal Misc. No. 17147 -M of 1995. The short question, therefore, would be as to whether it would be possible for me to take a different view than one already taken. No doubt repeated bail applications are not prohibited under the provisions, but all the same the judicial propriety demands that there should be harmony and consistently in the approach by the Court though the said Court had been presided over by different judges. In the given case, however, no finding that certain material fact had not been brought to the notice of the Court during earlier application and the said aspect would have materially affected the decision, if later on comes into light, then it certainly deserves consideration for the purpose of bail and different view can justifiably be taken despite the fact that the bail application was earlier rejected. Counsel for the petitioner invited my attention to a case of Shobha Ram v. State of U.T., 1992 Cr1. L.J. 1371. In that case a Single Bench of the Allahabad High Court was dealing with the case in which the petitioner before his Lordship had not earlier filed bail application but the other two accused had filed the first bail application which was rejected; and it was followed by second bail application by one of these accused, and it was allowed. Their Lordship in the concluding part of the judgement observed that since the petitioner before him had never submitted his bail application, his case deserves consideration on the principle of parity of treatment to the other co -accused and in a subsequent bail application, bail was granted. That authority is not applicable to the present case.

(2.) IN this case, I called the record of the previous bail application and found that His Lord has taken into consideration all those points which have now been submitted before me. After considering the material appearing against the petitioner/accused. His Lordship by an elaborate order rejected the bail. Since no fresh grounds or fresh factual position is any other different conclusion from what has been arrived in the earlier bail application. Bail -rejected. .