Tuesday, September 21, 2021
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RES JUDICATA – BAIL APPLICATION

The Telangana High court in a case titled as Ardhan Ranjit Reddy VS State of Telangana on 08/03/2021 Observed that bail application without there being change of circumstances lay a bad precedent. The court referred to a case titled as state of Tamil Nadu vs SA Raja, where the supreme court held that;

Principles of res judicata are applicable to bail applications, but the repeated filing of the bail applications without there being any change of circumstances would lead to bad precedent. The court also observed that while granting bail, it is necessary for the court to consider the following factors among other circumstances

  1. The nature of accusation and the severity of punishment in the case of conviction and the nature of supporting evidence.
  2. Reasonable apprehension of tempering of the witness or apprehension of threat to the complainant.
  3. Prima facie satisfaction of the court in support of the charge.

The court observed so while dealing with the third bail application, previous one having been rejected by the court.

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