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TMI Blog2024 (9) TMI 1706X X X X Extracts X X X X X X X X Extracts X X X X ..... , the investigating agency is still continuing with the further investigation. Learned counsel submits that presently the proceedings under Section 207 Cr.P.C. are taking place. Learned counsel submits that there are thousands of documents which need to be verified and substantial time will take place. Learned counsel for the petitioner further submits that there are more than fifty accused in this case. Learned counsel submits that every day of custody gives a right to the accused to approach the court for bail as liberty is a fundamental right. Learned counsel submits even while rejecting the bail, the Supreme Court in SLP (Crl) 4145 of 2022 and SLP (Crl) 4327 of 2022 vide order 07.02.2023 has granted the petitioner liberty to move an app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ddhikota Subha Rao, 1989 Supp (2) SCC 605, it was inter alia held that in the successive bail application there has to be substantial change in the fact situation which has a direct impact on the earlier decision and not merely cosmetic changes which are of little or of no consequences. In the case of successive bail applications the courts are required to act with restrain and circumspection. 5. In Kalyan Chandra Sarkar v. Rajesh Ranjan, (2005) 2 SCC 42, it was inter alia held that high Court could not have allowed the bail application on the sole ground of delay in the conclusion of the trial without taking into consideration the allegation made by the prosecution in regard to the existence of prima facie case, gravity of offence, and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earlier would not be permitted to be reagitated on the same grounds, as the same would lead to a speculation and uncertainty in the administration of justice and may lead to forum hunting. 20. The decisions given by a superior forum, undoubtedly, are binding on the subordinate fora on the same issue even in bail matters unless of course, there is a material change in the fact situation calling for a different view being taken. Therefore, even though there is room for filing a subsequent bail application in cases where earlier applications have been rejected, the same can be done if there is a change in the fact situation or in law which requires the earlier view being interfered with or where the earlier finding has become obsolete. Thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the CBI. Although, merely because an accused is a foreign national, bail cannot be denied as a matter of course, but at the same time this Court cannot lose sight of the aforementioned facts which indicate as to how the applicant has evaded investigation in the present case. It is also worthwhile to take into account that the applicant could be brought to India only after going through the process of extradition, which in fact was vehemently opposed by him, as apparent from the judgment of the Dubai Supreme Court. For the said reasons, the ground of parity is not available to the applicant in the opinion of this Court. 40. Besides, while dismissing the earlier interim bail application of the applicant, a Co-ordinate Bench of this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present case. 13. For the above reasons, we are not inclined to accept the submission of the petitioner that he was entitled to the grant of bail on the foundation of Section 436A. The Single Judge of the High Court has, while declining bail, also adverted to the circumstances in which the petitioner was required to be extradited from the UAE to face trial in India. We, therefore, find no merit in the Special Leave Petitions. The Special Leave Petitions are accordingly dismissed. However, we clarify that the present order shall not come in the way of the petitioner moving the trial court afresh for the grant of regular bail." 8. In Babu Singh and others vs. State of U.P., AIR 1978 SC 527, inter alia held that a subsequent bail applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation to the petitioner. Even if the second proviso of Section 436A is considered, it would not assist the petitioner, as Section 467 IPC entails life imprisonment. 11. Whether Section 467 IPC is made out or not will still need to be determined by the trial court at the stage of framing charges. A detailed examination of the facts should not detain this Court any further, as the matter has already been examined in detail in Bail Application No. 2586/2021, vide its order dated 11.03.2022. This Court finds that there is no subsequent development or new material on record that would entitle the petitioner to bail. The grounds on which earlier bail application was dismissed still hold ground and there is no substantial change in the fact situa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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