Court dismissed a prosecution under the Andhra Pradesh Excise Act. Applicant sought anticipatory bail citing prior acquittal as change of circumstances. Court held successive applications not entertained when accused is habitual offender and non-cooperating.
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HON’BLE SRI JUSTICE SUBBA REDDY SATTI
CRIMINAL PETITION NO. 7615 OF 2022
ORDER:-
This petition under Section 438 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) is filed by the petitioner/A2 for grant of anticipatory bail in the event of his arrest in connection with Crime No.233 of 2022 of Special Enforcement Bureau Station, Punganur, registered for the offences punishable under Sections 34(1) read with 34(a), 14(2) and 42 of the Andhra Pradesh Excise (Amended) Act, 2020.
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petitioner, the above crime is registered in which petitioner is arrayed as A2 in the above crime.
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2021, in which, huge quantity of liquor was seized from petitioner’s possession. He placed reliance on G.R. Ananda Babu v. State of Tamil Nadu and Another1 , wherein the Hon’ble Apex Court observed as under:
“ 7. As a matter of fact, successive anticipatory bail applications ought not to be entertained and more so, when the case diary and the status report, clearly indicated that the accused (respondent No. 2) is absconding and not cooperating with the investigation. The specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by the same Judge.”
Therefore, learned Special Assistant Public Prosecutor prays to dismiss the bail petition.
1 2021 SCC Online SC 176
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arrayed as A2 and the said judgment indicates that petitioner was acquitted. The said judgment was passed on 16.03.2021, i.e. much prior to dismissal of the earlier bail petition. Moreover, disposal of C.C.No.392 of 2021 would not constitute changed circumstances.
_________________________________ JUSTICE SUBBA REDDY SATTI
Date :12.10.2022 IKN
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HON’BLE SRI JUSTICE SUBBA REDDY SATTI
Dismissed
CRIMINAL PETITION No.7516 OF 2022
12.10.2022
IKN
Colour shows how this judgement treated each authority
G.R. Ananda Babu v. State of Tamil Nadu and AnotherFollowed¶12
G.R. Ananda Babu v. State of Tamil Nadu and Another
1 provisions across 1 enactments
The Petitioner/A2
The State of Andhra Pradesh
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
