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Puran, Shekhar And Anr vs Rambilas & Anr., State Of Maharashtra & ... on 3 May, 2001 cites

Niranjan Singh & Anr vs Prabhakar Rajaram Kharote & Ors on 10 March, 1980

"I agree with the learned Counsel appearing on behalf of the complainant that while granting bail the learned Judge ought not to have ventured to discuss the merits or demerits of the evidence collected against the accused persons. Probably he was not aware or he was not remined of the advice given by the Apex Court in the case of Niranjan Singh & another vs. Prabhakar Rajaram Kharote and Others reported in AIR 1980 S.C. 785 wherein detailed examination of the evidence and elaborate documentation of the merits of the case while passing orders on bail application was deprecated."
Supreme Court of India Cites 16 - Cited by 482 - V R Iyer - Full Document

Usmanbhai Dawoodbhai Menon & Ors. Etc vs State Of Gujarat on 14 March, 1988

It was held that, therefore, any member of the public, whether he belongs to any particular profession or otherwise could move the High Court to remind it of the need to exercise its power suo motu. It was held that there was no barrier either in Section 439 of the Criminal Procedure Code or in any other law which inhibits a person from moving the High Court to have such powers exercised suo motu. It was held that if the High Court considered that there was no need to cancel the bail then it could dismiss the Petition. It was held that it was always open to the High Court to cancel the bail if it felt that there were sufficient enough reasons for doing so. Mr. Lalit next relied upon the authorities in the cases of Usmanbhai Dawoodbhai Memon and Ors. vs. State of Gujarat reported in 1988(2) S.C.C. 271, Amar Nath and others vs. State of Haryana and others reported in AIR 1977 S.C. 2185 and M/s. India Pipe Fitting Co. vs. Fakruddin M.A. Baker and another reported in AIR 1978 S.C. 45. Relying on these he submitted that an order granting bail was an interlocutory order, and the High Court could not exercise powers under Section 482 of the Criminal Procedure Code and thus could not cancel Bail. Mr. Lalit submitted that Section 439 of the Criminal Procedure Code gives the power of cancellation of bail both to the Sessions Court and the High Court. He submitted that thus the High Court and Sessions Court were co-ordinate Courts under this Section. He submitted that the High Court could not thus sit in Appeal or Revision over an Order of the Court of Sessions. He submitted that under Section 439(2), it is only the orders of the Magistrate, which could be set aside by the High Court or the Court of Sessions.
Supreme Court of India Cites 40 - Cited by 117 - A P Sen - Full Document
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