Recall of pre-arrest bail order rejected where no natural justice breach or exceptional ground was shown.

A criminal court has no power of review under Section 362 of the Code of Criminal Procedure, though recall may be available in narrow cases such as breach of natural justice. The Gujarat High Court noted that the earlier common oral judgment on the applicants' pre-arrest bail requests had already considered the parties' submissions, the relevant statutory provisions, and the prosecution material. As the recall applications only sought a rehearing on merits and did not show any exceptional ground or violation of natural justice, they were not maintainable and were dismissed.

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Issues: Whether the common oral judgment rejecting the applicants' pre-arrest bail applications could be recalled.

Analysis: The applications sought recall of the earlier order on the ground that certain submissions, factual materials, and statutory provisions were not specifically dealt with. The governing position is that a criminal court has no power of review under Section 362 of the Code of Criminal Procedure, 1973, though recall may be permissible in narrow circumstances, particularly where an order is passed in breach of the principles of natural justice. The material on record showed that the earlier judgment had already considered the parties' submissions, the relevant statutory provisions, and the prosecution material. The present applications merely attempted to re-argue the matter on merits and did not disclose any violation of natural justice or any other exceptional ground warranting recall.

Conclusion: The recall applications were not maintainable and were rightly dismissed.

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