RANI DUDEJA Vs. STATE OF HARYANA

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 615 of 2017, Judgment Date: Mar 30, 2017

                                                              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the same had been withdrawn and, therefore, the appellant cannot be  allowed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been filed earlier might have been withdrawn in a given  situation,  without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.


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.