Doctrine of merger bars extension of interim bail once the bail application is finally rejected on merits.

An application under Section 482 CrPC seeking extension of interim bail was held not maintainable after the bail plea had been finally rejected on merits. Applying the doctrine of merger, the interim bail order was treated as absorbed into the final order, so it no longer survived as an independent relief capable of extension. The proper course was to file a fresh bail application under Section 439 CrPC or challenge the rejection order, rather than invoke inherent jurisdiction to prolong the earlier interim protection.

---

---

Issues: Whether an application under Section 482 of the Code of Criminal Procedure, 1973 seeking extension of interim bail was maintainable after the interim bail order had merged in the final order rejecting the bail application.

Analysis: The interim bail granted earlier was not an independent subsisting order once the bail application was finally decided and rejected on merits. By application of the doctrine of merger, the interim order stood absorbed in the final order. In such a situation, the proper course was to file a fresh bail application under Section 439 of the Code of Criminal Procedure, 1973 or challenge the rejection order, and not to seek extension of the earlier interim bail through Section 482 of the Code of Criminal Procedure, 1973.

Conclusion: The application under Section 482 of the Code of Criminal Procedure, 1973 was not maintainable and was rejected against the applicant.

Ratio Decidendi: Once an interim bail order merges in a subsequent final order deciding the bail matter on merits, the earlier interim relief cannot be extended by invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973.

---