Accused cannot be permitted to file Default Bail Application repeatedly in respect of the same FIR case, when his earlier interim bail is cancelled and regular bail application still pending

The Default Bail Application filed by Accused before High Court, during the pendency of another Bail Application in respect of the same FIR against the same accused person.

The power of the High Court to grant bail is not very much different from that of Sessions Judge. However additional inherent powers have been vested in the High Court to pass any such orders as may be necessary to give effect to any order under the Code or to prevent the abuse of process of the court or otherwise to secure the ends of justice. An accused cannot be permitted to file a second Bail Application in respect of the same FIR case and by the same Accused before the same Court when the earlier bail Application was still pending for Consideration.

An Accused who is continuing to be in custody pending investigation simplicitor cannot be equated with an accused like the present Accused who had already been granted bail and whose bail had been cancelled. Bail cannot be granted to the accused.

Appearing Counsel/s : Mr. M. Rarry, Mr. S. Jibon