Improper conversion of a criminal petition into bail proceedings and interim protection without notice vitiated the order.

The High Court's conversion of an application under Section 482 CrPC into one under Section 438 or Section 439 CrPC was not approved, and interim protection granted without service of notice on the appellant was held unsustainable. Even though notice had been directed, the absence of service vitiated the process. The later filing of the charge-sheet and the grant of regular bail did not cure the defect, because the regular bail relief appeared to have been influenced by the earlier interim protection. The impugned order was therefore set aside, and the matter was remanded for fresh consideration.

---

---

Issues: Whether the High Court was justified in converting an application under Section 482 of the Code of Criminal Procedure, 1973 into one under Section 438 of the Code of Criminal Procedure, 1973 and granting interim protection without service of notice on the appellant.

Analysis: The conversion of an application under Section 482 of the Code of Criminal Procedure, 1973 into a bail application under Section 438 or Section 439 of the Code of Criminal Procedure, 1973 was not approved. The order had been passed without service of notice on the appellant despite notice having been directed, which rendered the process unsustainable. Subsequent filing of the charge-sheet or grant of regular bail did not cure the defect, since the regular bail relief appeared to have been influenced by the interim protection granted earlier.

Conclusion: The impugned order could not be sustained and was set aside; the matter was remanded for fresh consideration.

---