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The Punjab and Haryana High Court has addressed that successive application for bail filed by an accused will be brought under the same Bench which had initially decided the plea. This recourse had been formulated to work on easy disposal of bail matters.
This applies to both anticipatory and regular bail pleas along with pleas seeking cancellation of bail. The High Court asserted that successive bail applications which come under Section 438 and Section 439 of the Cr.P.C of the same accused and the applications for cancellation of bail under Section 439(2) of the Cr.P.C will be heard by the same Bench which decided the previous bail application.
The high court also cleared it that exceptions will be made only in cases where the judges have been transferred or have been superannuated. The High also addressed that the pleas will be heard by the same judges irrespective of the subject matter which has been assigned to the judge.
Such decision has been taken to ensure justice to both the compliant and the accused. As, if a similar judge looks in to the successive applications who initially heard the bail plea, he is in a better position to browse through the circumstances to finally come to a decision of granting or denying relief.
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