2002 (5) TMI 889

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....D.N. Goburdhan as amicus curiae to assist us. 3. By order dated 2nd May, 2001 passed in crl. miscellaneous application No. 14/ 2001, the Vth additional sessions judge, Kolhapur set aside the judgment and order passed by the judicial magistrate, first class, Malkapur releasing the accused under Section 167(2) of the Criminal Procedure Code (Cr.P.C.) on the ground that the charge-sheet was not su....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y set of circumstances, the High Court ought not to have exercised its jurisdiction under Section 439 to perpetuate injustice caused to the victims. Learned counsel appearing on behalf of the state also supports the contention raised by the learned counsel for the appellant. 6. Learned counsel Mr. Goburdhan appearing on behalf of the accused submitted that the order passed by the High Court doe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ction 437(5) and Section 439(2) Cr.P.C. before the sessions judge, Kolhapur for cancellation of bail. Before the said application could be finally disposed of, accused preferred an application exhibit 8 submitting that an application under Sections 437(5) and 439(2) was not maintainable before the sessions court and the state ought to have approached the learned magistrate for cancellation of the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ho had been released on bail under this chapter be arrested and commit him to custody." 9. Proviso to Section 167 itself clarifies that every person released on bail under Section 167(2) shall be deemed to be so released under chapter XXXIII. Therefore, if a person is illegally or erroneously released on bail under Section 167(2), his bail can be cancelled by passing appropriate order under Sec....