Law: Criminal Procedure Code (V of 1898)

Section: 498

(a) Criminal Procedure Code (V of 1898)  S. 498-Bail in non-bailable offence-S and G two persons accused of murder-G's petition for bail refused by High Court-S thereafter filing petition for bail and another Judge of High Court granting bail to S-field : Co-accused moving petition for bail must mention in his petition fact of his other co-accused's dismissal of petition for bail- When one Judge of High Court has refused bail, all subsequent petitions for bail in the same case should be referred to the same Bench which disposed of earlier petition-Counsel under obligation to point out fact whether and with what result previous petition for bail in the same case disposed of by High Court-Procedure suggested to avoid conflict ing decisions on bail petitions in the same case-Penal Code (XLV of 1860), S. 302. In the matter of bail petitions the following important questions had arisen :- (i) Whether it was necessary for the counsel who filed the petition Criminal Miscellaneous No. 3783-B/73) to mention that earlier petition for bail on ground of delay filed by the other accused bad been dismissed by this Court and if he initially did not know about ibis fact, whether it was not necessary for him or his client to make enquiries in that behalf and give a note thereof on the petition ; (ii) What is the effect of the failure of accused or his counsel to give necessary information with regard to the disposal of the earlier petition on- (a) Bail granted to accused ; (b) Approach by the learned Additional Sessions Judge in subsequent petition-whether he is to follow the earlier decision by the High Court given in the case of same accused-petitioner or the latter decision by a different Bench of the High Court, but in a petition filed by a different accused ; (c) The present petition. (iii) When one learned Judge of this Court gives decision on the question, of bail in the same case without knowledge of the other and both the decisions prima facie appear to be conflicting, which one is to be followed in subsequent bail petition/s in the same case ; (iv) What is the effect of the ruling of the Supreme Court in matter of successive bail petitions filed in High…