1997 INSC 0779
                                                    Manjoor Khan

                                                           Vs

                                            State of Bihar and Another

                                        Criminal Appeal No. 759 of 1997

                                       (M.K. Mukherjee, K.T. Thomas JJ)

                                                      19.08.1997

                                                        ORDER

1. Leave granted. Heard the learned counsel for the parties.

2. Since the appellant has a right under the Code of Criminal Procedure to pray for bail as and when
he intends to, the High Court could not have debarred him from exercising his such right for one
year. Of course, whether such prayer would be entertained or not, it is for the High Court to decide
but it cannot prevent an accused from seeking his release on bail. We, therefore, quash the
impugned order to the above extent.

3. The appeal is thus allowed.