Law:

Section:

(a) Criminal Procedure Code (V of 18981----S. 426-Bail pending appeal-Suspension of sentences-Conflicting orders-Rulings of Supreme Court requiring bail matter once dealt with by a Single Judge of High Court arising out of same case to be beard by same Judge as long as available though not applicable to case in hand due to various orders having been passed at a circuit where availability of same Judge could entail unnecessary delay yet convict's application for bail having been rejected on merits by another Judge of High Court as also by Supreme Court, case if considered to need reconsideration; Judge forming such opinion, held, should have either sent case to same Judge who initially refused bail or might have advised convicts to seek review of order passed by Supreme Court but possessed no jurisdiction to review order of his own brother Judge in High Court nor order of Supreme Court.-[Review]. (b) Criminal Procedure Code (V of 1898)--- S. 426-Bail pending appeal-Suspension of sentence-However pathetic convict's appeal might be, Judge seized of bail application, held, could not act in excess of his jurisdiction.-[Jurisdiction]. (c) Criminal Procedure Code (V of 1898)- S. 426-Bail pending appeal-Judge earlier seized - of bail matter rejecting bail application but another Judge accepting bail application with remarks that a particular section had been applied in an "arbitrary manner" or that "a simple perusal of shows that it was .. a case of free fight" or that trial Court "did not properly consider fact that two of accused were injured and this fact was dealt with in a casual manner and was disposed of by mere conjectures and possibilities"-Held: Besides being in nature of at least indirect aspersions on earlier order of High Court, such observations prejudiced prosecution case. (d) Criminal Procedure Code (V of 1898)-- ---- S. 426-Bail pending appeal-New application under S. 426 though could be made on fresh grounds yet such application not competent if appraisal of merits earlier refused by High Court and/or Supreme Court made ground or justification for its acceptance-Remarks in order granting bail that after order rejecting bail impugned before Supreme…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492