Q. Whether successive bail application can be filed in a particular court?

Refer to
case law?
A. Successive bail application can be filed in the same court however it has to be under
the same judge who had earlier rejected the bail plea. In case the matter was placed
before a different judge due to some reason, then it is the duty of the prosecution
should bring into the notice of the concerned judge about the rejection of Bail Plea
by a different judge and that he was available.
Gati Limited Vs T Nagarajan. FIR registered against accused. Accused absconded and
applied for A. bail. It was rejected. Then after 13 days he applied for A. bail for the
second time without any change in circumstance, however the matter was brought
before a different judge that the one who initially dismissed the plea. Further
addressed 4 cases.
- Shahzad Hasan Khan vs Ishtiq hasan khan which had successive application of bail.
Court stated that the successive bail application should be placed before the same
and established principle that it prevents abuse of the process of court where an
accused is selecting the court of his liking
- Another case of state of Maharashtra vs captain BuddhiKota, that used Shahzad
Hasan case and was of the opinion that the bail matter should be placed before the
same judge who disposed of the earlier applications and that such a practice would
be conducive to judicial discipline.
- Then in the case of VikramJit Singh vs state of Madhya Pradesh, court was of the
opinion that if a party is aggrieved by the courts decision there would not be any end
to attempt by the accused but along with it judicial discipline must be maintained in
order to gain faith of people in judiciary.
- Then in M Jagan Mohan Rao vs PV Mohan Rao, court said that the learned judge who
refused the bail in first instance or in previous instance is available, the successive
matter should be placed before the same judge
- Then in case of Jagmohan Bahl vs State(NCT of Delhi), court said that if the matter
came before another judge than the one who refused the bail plea in first instance it
is duty of the prosecution to bring it to the notice of the judge concerned that the
application was rejected by a different judge and that he was available.