High CourtsSingle Bench

Sukhjinder Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 26 August 2020 · Citation: (2020) 08 P&H CK 0081

HON’BLE JUDGES
Suvir Sehgal, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 148, 149, 186, 307, 332, 333, 353, 379B · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 22 · Arms Act, 1959 — Section 25
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 24347 Of 2020
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Judgment

7 paragraphs · 204 words

Suvir Sehgal, J

The Court has been convened through video conferencing due to Covid-19 pandemic.

The first bail petition i.e. CRM-M-14315 of 2020 filed by the petitioner alongwith another co-accused was dismissed by this Court, vide order dated 08.06.2020.

The instant second petition has been filed for grant of anticipatory bail in FIR No.184 dated 12.12.2019 (Annexure P-1) under Sections 307, 379-B, 353, 186, 332, 333, 148, 149 of Indian Penal Code, 1860, Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 of Arms Act, 1959 registered at Police Station Subhanpur, District Kapurthala.

Counsel for the petitioner has not been able to point out any change in fact-situation necessitating the filing of the present petition.

Without there being any change in the circumstances, the second petition would be deemed to be seeking review of the earlier judgment, which is not permissible in criminal law as has been held by the Hon'ble Supreme Court in Hari Singh Mann Vs. Harbhajan Singh Bajwa (2001) 1 SCC 169; State of Madhya Pradesh Vs. Kajad, 2001 SCC (Criminal) 1520 and State of Maharashtra Vs. Capt.Buddhikota Subha Rao 1989 Supl. (2) SCC 605.

Accordingly, this second petition for pre-arrest bail of the petitioner/accused is dismissed.