Hon’ble Allahabad while dealing with a petition in the case of Sachidanand Dubey v. Union of India stated that this court have no right to grant bail Under Section 482 of the Code of Criminal Procedure, 1973 if the challenge is made on the similar grounds which were there in the earlier petitions.
.BRIEF FACTS OF THE CASE
Three petitions were filed under section 482 Cr.P.C against 3 charge sheets submitted by the investigating agency, in furtherance of two charge sheets filled earlier in the same FIR.
These were filed under sections 120-B, 409, 420 of Indian Penal Code,1960 and Section 13(1)(d) of P.C Act. Earlier also, two charge sheets were filed against which the petitioner filed petition under Section 482 before this court which were rejected.
Aggrieved by this order Special Leave Petition was filed in the Apex court but Apex court also denied to interfere with the order of the High Court.
DECISION OF THE COURT
Hon’ble court held that the petitioner filed two petitions under section 482 Cr.P.C. before this court and both the petitions were disposed of, and now also challenge is made on the similar grounds, therefore, at this stage; no case for interference by this court is made out.
Court further declared that it does not have power to grant bail under section 482 Cr.P.C. hence leading to the dismissal of all three petitions.
Read the full Judgement Here-
http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=6921700