synonymous with the term “petition” which means a written statement of material facts, requesting the court to grant the relief or remedy based on those facts (see P. Philip v. The Director of Enforcement, New Delhi and another 17) and in this case, it is request to the Special Judge to grant bail under Section 439 of the CrPC, whereas appeal is the right of entering a superior court and invoking its aid and interposition to redress the error of court below, and in this case, it is an appeal to this Court under Section 14A(2) of the POA Act and as such, application under Section 439 of the CrPC would lie before the Special Court, whereas appeal against that order will lie before this Court under Section 14A(2) of the POA Act against the order rejecting his application under Section 439 of the CrPC, as the jurisdiction to hear application under Section 439 of the CrPC now exclusively lies to the Special Court with effect from 26-1-2016 and appeal to this Court and upon of change of circumstance, repeat bail application (if any) would lie under Section 439 of the CrPC before the Special Court, but certainly no appeal would directly lie before this Court on change of circumstance and the principle governing grant of repeat bail application under Section 439 of the CrPC would not apply for filing appeal under 1797Section 14A(2) of the POA Act. As such, the decision in Neeraj Jagatramka (supra) by the learned Single Judge cannot be said to be laying down good law and therefore the same is hereby overruled.
