An order refusing an application for grant of anticipatory bail does not necessarily preclude another similar application, on a later occasion, when there are more materials, further / subsequent developments, changed circumstances or applicability of different considerations on which anticipatory bail is granted. Therefore, second application for anticipatory bail may be maintainable after rejection of the first such application, if there is some substantial change in circumstances, etc.
Legally speaking, the Sessions Court has the power under law to grant anticipatory bail even after it was rejected on the first occasion by the High Court, if there are some strong grounds and substantial change in circumstances. But, in practice, generally speaking, the Sessions Court may not grant anticipatory bail if it had been refused by the High Court on the first occasion, due to judicial discipline and also sometimes due to the apprehension that the High Court may consider it as an instance of violation of its previous order. So, it may be advisable to go back to the High Court for seeking anticipatory bail again if there is some substantial change in circumstances.
[See, for more details, my book: Law of Bail, Bonds, Arrest & Custody, By Dr. Ashok Dhamija.]
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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