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2014 (9) TMI 1132 - SC - Indian Laws


Issues Involved:
1. Cancellation of bail by the High Court.
2. Interpretation and application of Section 167(2), 362, and 439(2) of the Code of Criminal Procedure, 1973.
3. Jurisdiction of the High Court to review its own orders.

Detailed Analysis:

1. Cancellation of Bail by the High Court:
The High Court of Gauhati at Guwahati canceled the bail granted to the Petitioners by its order dated 16.07.2013. The cancellation was based on the ground that the direction for further investigation under Section 173(8) of the Code did not render the chargesheet submitted by the police infructuous. Consequently, the accused were not entitled to default bail under Section 167(2)(a)(i) of the Code. The High Court held that granting bail contrary to law or the law laid down by the Apex Court constitutes a valid ground for cancellation of bail.

2. Interpretation and Application of Section 167(2), 362, and 439(2) of the Code of Criminal Procedure, 1973:
- Section 167(2): This section provides for the release of an accused person if the investigating agency fails to complete the investigation within the stipulated time (90 days for serious offenses). The Petitioners were granted bail under this provision due to the delay in the investigation.
- Section 362: This section bars the court from altering or reviewing its judgment or final order except to correct a clerical or arithmetical error. The Petitioners argued that the High Court's order canceling the bail amounted to a review of its earlier order, which is prohibited under this section.
- Section 439(2): This section empowers the High Court or Court of Session to cancel bail and direct the arrest and commitment to custody of a person who has been released on bail. The High Court used this provision to cancel the bail granted to the Petitioners.

3. Jurisdiction of the High Court to Review its Own Orders:
The Supreme Court analyzed whether the High Court was justified in canceling the bail under Section 439(2) and whether this action amounted to an impermissible review under Section 362. The Court held that an order granting bail can only be set aside on grounds of being illegal or contrary to law by a superior court, not by the same court that granted the bail. The Supreme Court emphasized that Section 362 operates as a bar to any alteration or review of the cases disposed of by the court, except to correct clerical or arithmetical errors.

Conclusion:
The Supreme Court concluded that the High Court's order canceling the bail was not justified as it amounted to a review of its earlier order, which is barred under Section 362 of the Code. The Court set aside the High Court's judgment and order, and the interim order granting bail to the Petitioners was to continue until the disposal of the corresponding Sessions Case. The Special Leave Petitions were disposed of accordingly.

 

 

 

 

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