Excelsior Correspondent
JAMMU, July 30: High Court has rejected the bail application of Aijaz Ahmad Malla, who is allegedly involved in rape case.
While rejecting the bail application, Justice MK Hanjura observed, “Principal District and Sessions Judge, Ganderbal, has in his wisdom found that the applicant is not entitled to bail on the set of facts involved in the case”, adding “he has exercised the discretion on the sound principles of law after taking into consideration a variety of factors which weighed against the applicant”.
“The statement of the prosecutrix placed on record by the applicant also points towards the guilt of the accused and knocks the bottom out of his contention that the prosecution has manufactured and maneuvered a case against him”, Justice Hanjura said, adding “there has been absolutely no change in the circumstances of the case from the date of the order of the trial court till such time that the bail application has been moved before this court”.
“It is well settled law that no successive application for bail can be allowed/entertained unless and until there has been a change in the circumstances of the case. No doubt, the principle of res-judicata does not have its application to the bail applications but the court has to peep deep to see whether there has been any perceptible change in the circumstances of the case and in case it is not found to be so the filing of a successive application will lead to a bad precedent”, High Court said.
“An order rejecting of an application of bail would not per-se-close the doors of the applicant in moving another application on a subsequent occasion but the condition precedent is that there should be some fresh material and further developments in the case as will impel and actuate the court to consider the successive application for bail”, Justice Hanjura said.
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