ABDUL BASIT @ RAJU & ORS. ETC. versus MD. ABDUL KADIR CHAUDHARY & ANR.

ABDUL BASIT @ RAJU & ORS. ETC. versus MD. ABDUL KADIR CHAUDHARY & ANR.

The High Court, after granting bail, became functus officio as per Section 362 CrPC and could not review or set aside its own earlier bail order; cancellation of bail on the ground of illegality or perversity must be done by a superior court, not by way of review by the same court. The High Court's order cancelling bail was without jurisdiction and in violation of the bar under Section 362.

Parties
Petitioners: Abdul Basit @ Raju & Ors. etc.; Respondents: Md. Abdul Kadir Chaudhary & Anr.
Jurisdiction
India
Judgment Date
15 September 2014
Procedural Posture
Special Leave Petitions (criminal) Nos. 6855 6857 of 2013 / Supreme Court Review of the High Court of Gauhati Order Cancelling Bail
Outcome
SLPs allowed; High Court order cancelling bail set aside.
Legal Topics
Bail, Cancellation of Bail, Review of Bail Orders, Code of Criminal Procedure Section 362, Section 167(2) Default Bail, Section 439(2) Powers of High Court and Sessions Court
Criminal Law Criminal Procedure Bail Cancellation of Bail Review of Bail Orders Code of Criminal Procedure Section 362 Section 167(2) Default Bail Section 439(2) Powers of High Court and Sessions Court

Case Brief

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Parties

Abdul Basit @ Raju & Ors. etc.

Petitioners

Md. Abdul Kadir Chaudhary & Anr.

Respondents

Procedural Posture

Special Leave Petitions (criminal) Nos. 6855 6857 of 2013 / Supreme Court Review of the High Court of Gauhati Order Cancelling Bail

Legal Issues

  1. 1 Whether the High Court had jurisdiction to cancel its own earlier order granting bail under Section 362 of the Code of Criminal Procedure, 1973.
  2. 2 Whether an order granting bail can be reviewed and set aside by the same court on grounds of illegality or misrepresentation.

Ratio Decidendi

The High Court, after granting bail, became functus officio as per Section 362 CrPC and could not review or set aside its own earlier bail order; cancellation of bail on the ground of illegality or perversity must be done by a superior court, not by way of review by the same court. The High Court's order cancelling bail was without jurisdiction and in violation of the bar under Section 362.

Court Disposition

SLPs allowed; High Court order cancelling bail set aside.

Orders

  • The judgment and order passed by the High Court is set aside.
  • The interim order of the Supreme Court granting bail shall continue till disposal of the relevant Sessions Case.