CASE TITLE : Vipin Kumar vs State of UP
The Supreme Court has observed that the filing of a fresh bail application, after the dismissal of an earlier bail application or the cancellation of the bail granted, was a right.
“Filing of a fresh bail application, once an earlier bail application has been rejected or if granted and thereafter cancelled is a matter of right and solely on the ground that the Apex Court had not permitted filing of the fresh bail application, the High Court was not justified in dismissing the bail application,” observed a bench comprising Justice Pankaj Mithal and Justice SVN Bhatti.
The petitioner in this case was initially granted bail. Later, the Supreme Court cancelled the bail. While cancelling the bail granted by the High Court, it had not given any liberty to the appellant to file a fresh bail application. On this ground, the High Court refused to entertain the second bail application.
Disapproving of the High Court’s approach, the Supreme Court said :
“There is no prohibition in filing a fresh bail application after the earlier was rejected or cancelled, if granted. This Court in canceling the bail application has not taken away the right of the appellant to apply for bail afresh, if the circumstances permit.”
The High Court’s order was set aside and the matter was remanded for fresh consideration.
