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HC rejects bail plea by rape accused for no change in circumstances in case 7/28/2018 9:45:56 PM Early Times Report srinagar, July 28: The State High Court has dismissed plea for bail by a rape accused from central Kashmir's Ganderbal district, underlining that no successive application for bail can be allowed unless and until there has been a change in the circumstances of the case. The accused, Aijaz Ahmad, had moved high court against the rejection of bail application by Principal District and Sessions Judge, Ganderbalby an order on May 14 this year. The accused had filed the application for bail before High Court after twenty three days on June 7. "There has been absolutely no change in the circumstances of the case from the date of the order of the trial Court till such time that the bail application has been moved before this Court. It is well settled law that no successive application for bail can be allowed/ entertained unless and until there has been a change in the circumstances of the case," a bench of Justice M K Hanjura said. "No doubt, the principle of res-judicata does not have its application to the bail applications but the Court has to peep deep to see whether there has been any perceptible change in the circumstances of the case and in case it is not found to be so the filing of a successive application will lead to a bad precedent." An order rejecting an application of bail would not per-se close the doors of the applicant in moving another application on a subsequent occasion but the condition precedent is that there should be some fresh material and further developments in the case as will impel and actuate the Court to consider the successive application for bail," the court added. There is no legal bar in entertaining the subsequent application if it is pointed out that there has been a change of substantial nature in the facts and circumstances of the case since the date of passing the earlier order, the court further observed. "Nothing to substantiate so has been stated in the application on hand," the court said and rejected bail application by the accused.   Share This News with Your Friends on Social Network     Comment on this Story

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