Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Cancellation of bail ss. 167(2) 439(2) F and 352. |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | BAIL:Cancellation of bail - High Court cancelling the bail c granted by it earlier - Held: The concept of setting aside an unjustified, illegal or perverse order is different from the concept of cancellation of a bail on the ground of accused's misconduct or new adverse facts having surfaced after the . grant of bail which require such cancellation - An order 0 granting bail ·can only be set aside on grounds of being illegal or contrary to law by the court superior to the court which granted the bail and not by the same court - In the instant case, cancellation of bail was not sought on grounds that the bail was obtained by the petitioners by gross misrepresentation of facts, misleading the court and indulging E in fraud - The circumstances brought on record did not reflect any situation .where the bail was misused by accused -Therefore, High Court could not have entertained the said petition and cancelled the bail on grounds of it being perverse in law - Code of Criminal Procedure, 1973 - ss. 167(2), 439(2) F and 352.CODE OF CRIMINAL PROCEDURE, 1973:s.362 - Cancellation by High Courl of bail granted by it G earlier - Held: The order for bail in the bail application preferred by the accused-petitioners finally disposes of the issue in consideration and grants relief of bail to the applicants - Since, no express provision for review of order granting bail exists under the Code, High Court becomes functus officio and s.362 applies barring the review of judgment and order of the Court granting bail to the accused-petitioners - Even in the light of fact of misrepresentation by the accused- petitioners during the grant of bail, High Court could not have s entertained respondent/informant's prayer by sitting in review of its judgment by entertaining miscellaneous petition - judgment and order passed by High Court is set aside. |
Judge | N/A |
Neutral Citation | 2014 INSC 1005 |
Petitioner | Abdul Basit @ Raju & Ors. Etc. |
Respondent | Md. Abdul Kadir Chaudhary & Anr. |
SCR | [2014] 10 S.C.R. 571 |
Judgement Date | 2014-09-15 |
Case Number | 6855-6857 |
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