SUNAINA DEVI Vs. SHYAM SAO AND ANOTHER

JUDGEMENT

(1.) This application has been filed for quashing the anticipatory bail granted to opposite party No. 1 by an order dated 27.11.1986 passed by the learned Sessions Judge, Nawadah. The opposite party No. 1 is an accused in a case under Sec. 328/302 of the Indian Penal Code.

(2.) It appears that the opposite party No. 1 Shyam Sao filed an application for anticipatory bail on 25.8.1986 and on 26.8.1986, the case diary and the post mortem report were directed to be produced by the learned Public Prosecutor. The application was finally heard on 5.9.1986 and the application for anticipatory bail was rejected by the learned Sessions Judge.

(3.) It further appears that inspite of the rejection of the anticipatory bail on 5.9.1986, another application for anticipatory bail was again filed on behalf of the opposite party No. 1 on 9.9.1986 i.e. only after four days of the rejection of the earlier application. It was contended on behalf of the petitioner that the second application for anticipatory bail only after an interval of four or five days was not at all maintainable and the provisional anticipatory bail granted to opposite party No. 1 on 10.9.1986 which was subsequently confirmed by an order dated 27.11.1986 without any fresh ground was an abuse of the process of the Court and fit to be cancelled.