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Hadiani Dei vs State Of Orissa And Ors. on 14 September, 1993 cites

Ramesh Chandra Etc vs State Of U.P. Etc on 25 March, 1980

8. We now come to this Court's decision referred by Shri Nayak the same being Ramesh Chandra v. State, 53(1982) CLT 345. That was a case where the petitioner had been released on bail by the Sessions Judge because of the provisions contained in Section 167(2), Cr PC, as charge-sheet had not been submitted within time. But before actual release, the Sessions Judge was informed about submission of charge-sheet, and so, recall o1 the order was allowed, as prayed for. The learned Single Judge of this Court observed that this was not permissible, because that amounted to review of the order (and not cancellation of the bail order) which is barred in view of what is stated in Section 362 of the Code, which permits only correction of clerical or arithmetical error. So, this case is also not relevant for our purpose.
Supreme Court of India Cites 24 - Cited by 853 - N L Untwalia - Full Document

Kewal Krishan S/O Lachman Das vs Suraj Bhan And Anr. on 1 August, 1980

9. The Learned Government Advocate in his turn refers us to Kewal Krishnan v. Suraj Bhan, AIR 1980 SC 1780, which has dealt with the power of the Magistrate Under Section 209(b) of the Code and has stated that if th3 accused be on bail, the same should not be cancelled arbitrarily, as stated at page 1784, because the words "subject to the provisions of this Code relating to bail" finding place in the aforesaid clause would permit the accused committed to the Court of Session to continue on bail. The decision also does not assist us in answering the question.
Supreme Court of India Cites 13 - Cited by 149 - R S Sarkaria - Full Document

Aslam Babalal Desai vs State Of Maharashtra on 15 September, 1992

11. If the aforesaid be the position in law when a person is released even with the aid of proviso (a) to Section 167(2) of the Code, we are of the opinion that the same view is required to be taken when during investigation a person is released on bail, which order of bail has to be treated as one Under Section 437 (1) or (2) or Section 439(1), because of which cancellation could be made under the corresponding provisions of Section 437 or Section 439 and on the grounds germane to such cancellation. May it be stated here that power of release on bail under the Act either by the Magistrate or a Special Court is same as that visualised by Section 167, Cr PC as would appear from Clauses (b) and (c) of Sub-section (1) of Section 36-A of the Act. No doubt, Section 37 of the Act starts with a non obstante clause : ("Notwithstanding anything contained in the Code of Criminal Procedure, 1973"); what has been stated in Clause (b)(ii) of Section 37 of the Act would be applicable, according to us, when the question of release on bail is being considered. But, once an accused has been released even without satisfying the requirements in question, the normal criminal law would spring into action and bait would be open to be cancelled only on the grounds on which bail can be otherwise cancelled, the important . grounds relating to which have been mentioned in paragraph 11 of Aslam Babalal's case, the same being : (i) where the accused misuses his liability by indulging in similar criminal activity ; (ii) interferes with the course of investigation; (iii) attempts to tamper with evidence or witnesses ; (iv) threatens witnesses or indulges in similar activities which would hamper smooth investigation ; (v) there is likelihood of his fleeing to another country ; (vi) attempts to make himself scarce by going underground or becoming unavailable to the investigating agency ; (vii) attempts to place himself beyond the reach of his surety, etc. These grounds are of course illustrative and not exhaustive. Remand to custody merely because of non-fulfilment of the requirements of Sub-clause (ii) would really amount to review of the earlier order, which is not permissible, in view of what has been stated in Sec. 362 of the Code, which provision applies to proceedings before the Special Court (or till constitution of such Courts before the Court of Session).
Supreme Court of India Cites 49 - Cited by 227 - A M Ahmadi - Full Document
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