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CRM-M-22665-2026 -1-
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So far as the question of maintainability of the petition is concerned, it may be mentioned that an accused has a right to make successive applications for grant of bail, and it is the duty of the Court, while entertaining such a subsequent bail application, to consider the reasons and grounds on which the earlier bail petition was rejected. The fresh grounds which persuade the Court to take a view different from the one taken in the earlier petition are also required to be recorded. Reference in this regard can be made to Prasad Shrikant Purohit v. State of Maharashtra (2018) 11 SCC 458, wherein it was so observed. 5
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6 The petitioner is in custody for a period of about +$ +&6 4% . This factor, in the opinion of this Court, is a ground to move for bail afresh.
The Hon’ble Apex Court has observed in a catena of cases that an accused cannot be kept in custody for an indefinite period of time, and the bail application can be considered on its own merits even if it is filed repeatedly. It has also been held that every day spent in custody can provide a new cause of action for filing a bail application under certain circumstances. This principle is a part of the PARVEEN SHARMA 2026.08.07 19:21 I attest to the accuracy and integrity of this document
CRM-M-22665-2026 -5-
broader approach emphasizing that law prefers bail over jail, aiming to balance the rights of the accused with the requirements of the criminal justice system. Prolonged detention itself is a ground for reconsideration of bail since the settled principle of law is that detention prior to trial should not become punitive. 2
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