Inherent criminal powers cannot be used to recall a final bail order when Section 362 bars review or alteration.

An application under Section 482 CrPC to recall or clarify observations in a final bail order was held not maintainable because Section 362 CrPC barred alteration or review after the order had disposed of the matter. The Court held that the observations flowed from the earlier reasoning and required no clarification, and that the recognised exceptions to the statutory bar, including lack of jurisdiction, breach of natural justice, absence of hearing, or abuse of process, were not attracted. In the absence of express statutory power, the court became functus officio and could not use inherent powers as a substitute for review.

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Issues: Whether an application under Section 482 of the Code of Criminal Procedure, 1973 was maintainable to recall or clarify observations made in a bail order in view of the bar under Section 362 of the Code of Criminal Procedure, 1973.

Analysis: The application sought recall or clarification of observations in the earlier bail order. The Court held that the impugned observations flowed from the earlier reasoning and did not require clarification. It further held that the exceptions to Section 362 of the Code of Criminal Procedure, 1973, recognised in decisions concerning lack of jurisdiction, violation of natural justice, absence of hearing, or abuse of process, did not apply on the facts. The Court relied on the principle that once a bail order finally disposes of the issue, the court becomes functus officio and cannot review its own order in the absence of an express statutory power.

Conclusion: The application under Section 482 of the Code of Criminal Procedure, 1973 was not maintainable and was rejected by reason of the statutory bar under Section 362 of the Code of Criminal Procedure, 1973.

Final Conclusion: The court declined to reopen or modify the earlier bail order and affirmed that the recall jurisdiction could not be used as a substitute for review where the Code bars such interference.

Ratio Decidendi: In the absence of an express statutory provision, a criminal court cannot recall or review a final order through inherent powers when the case is hit by the bar on alteration or review after judgment, except in narrowly recognised situations where the order is a nullity.

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