bail is concerned, no doubt the power of granting anticipatory bail is a concurrent power both with the Court of Sessions as well as with the High Court yet the mere fact that the petitioners have already preferred an application for grant of anticipatory bail before the Court of Sessions and the consequent rejection of the application thereof does not prima facie mean that the second application is not maintainable. The common practice which has been prevailing in the Courts of Delhi is that even if an application for grant of anticipatory bail is rejected by the Court of Sessions, even then, on there being a change in circumstances, the second application for grant of anticipatory bail is maintainable before the High Court on the same facts and situation. This could be said to have a relook on the order passed by the learned Court of Sessions as well as having a fresh consideration of the matter by a superior Court. 10. It is only after the rejection of the second anticipatory bail application by the High Court that the question of successive bail application being not maintainable would arise. So far as the successive bail application is concerned, it has been laid down by the Supreme Court in Kalyan Chand Sarkar Vs. Rajesh Ranjan @ Pappu Yadav AIR 2005 SC 921 that the same is also maintainable, if there is any change in the circumstances.
