Subsequent bail application by the accused before the Sessions Court is maintainable if the earlier bail application filed before the High Court is withdrawn by the accused.
The above question came up before the Supreme Court in light of the following factual scenario:
The High Court revoked the bail granted by the Additional Sessions Judge to the accused merely on the ground that it is not maintainable before the trial Court because earlier bail application filed before the High Court was withdrawn by him.
The Supreme Court said that the order revoking bail by the High Court was passed without application of mind.
The Supreme Court while granting bail to the accused said that bail application before the Sessions Court is maintainable and observed that there is no provision in the Code of Criminal Procedure, 1973 or law laid down by this Court that once an accused has withdrawn his bail application before the High Court, he can not file a subsequent bail application before the Sessions Court and that his subsequent bail application would lie before the High Court only.
This observation was made by the Division Bench of the Supreme Court consisting of Justice N. V. Ramana and Ajay Rastogi in Sharad v. State of Maharashtra on 8th August, 2019.