1989 (11) TMI 42

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....ons Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail. 2. The Petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 15th September 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 i....

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....sted and committed to custody [7]. But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free [8] or other cogent and overwhelming circumsta....

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....n released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved "to prevent abuse of the process of any Court or otherwise to ....

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....r the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, "the accused person shall be released on bail". The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of ....