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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.615 OF 2017

[@ SPECIAL LEAVE PETITION (CRL) NO. 2406 OF 2017]

RANI DUDEJA       APPELLANT(S)                                 VERSUS

STATE OF HARYANA   RESPONDENT(S) J U D G M E N T

KURIAN, J. 1. Leave granted.

2. In the nature of order we propose to pass in this appeal,  it  is  not  necessary  to  issue  notice,  since  we propose to send the matter back to the High Court.

3. The  appellant  approached  the  High  Court  with  a petition under Section 438 of the Cr.P.C.  By the impugned order  dated  7.3.2017,  the  petition  was  rejected  on  the ground that the appellant had filed a petition earlier and the same had been withdrawn and, therefore, the appellant cannot be allowed to re-agitate the matter on merits.

4. We  are  afraid,  the  stand  taken  by  the  High  Court cannot be appreciated.  The petition was for anticipatory bail and the one which had been filed earlier might have been withdrawn in a given situation, without inviting the Court  to  consider  the  same  on  merits.   On  change  of circumstances, when another application under Section 438 Cr.P.C. was filed, the High Court should have considered the same on merits.  The principle of res judicata could not have operated in an application for bail.

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5. The order dated 7.3.2017 is set aside.  Crl. Misc. No.M-7712 of 2017(O&M) will stand revived before the High Court.  The matter be posted before the appropriate Court on 3.4.2017 for consideration, in accordance with law.

6. With the above observations and directions, the appeal stands disposed of.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [R. BANUMATHI]  

NEW DELHI; MARCH 30, 2017.

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