AMARESHWAR SAHAY, J. - (1.) HEARD Mr. R. K. Jain learned senior counsel appearing for the petitioner and the learned counsel for the CBI.
(2.) THE petitioner, who is an accused in connection with RC Case No. 2 (E)/98 (D), for an offence Under Sections 120B. 420, 467 and 471 of the Indian Penal Code, has filed this application renewing his prayer for bail, which was earlier rejected on its merit by this Court on 23.7.2004 in BA No. 2374 of 2004. After refusal of the prayer for bail, the petitioner moved before the Supreme Court in SLP (Cr.) No. 3578 of 2004 but as it appears from Annexure P -6 that the Special Leave Petition was dismissed by the Supreme Court by order dated 23.8.2004 after hearing the parties.
(3.) NOW the petitioner has renewed his prayer for bail on the ground that some of the facts could not be pointed out before this Court at the time of hearing of his earlier bail application and the basis of the said order of this Court rejecting the prayer for bail was not correct because there was no wrongful loss to the Bank as was observed by this Court in its earlier order. It is further submitted that now the petitioner has remained in jail for six months and, therefore, in view of the decisions in the cases of Joginder Kumar v. State of U.P. and Ors., reported in (1994) 4 SCC 260; Dr. Jagannath Mishra v. C. B. I., reported in (1998) 9 SCC 611 and in the case of Chandraswami and Anr. v. Central Bureau of Investigation, reported in (1996) 6 SCC 751 wherein the Supreme Court granted bail to the accused persons since they had completed six months in custody.;