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Can An Anticipatory Bail Order Be Reviewed?
There has been certain questions regarding the anticipatory bail but the question that supreme Court gave notice was can anticipatory bail once granted can be reviewed?. In a special leave petition supreme Court has issued notice regarding the same. There was an anticipatory bail given to an accused of cheating Ainul Hoque Molla by the Guwahati High Court on 13th November 2019. On this the court in March 2020 e had issued directing molla a notice to show why the bill that was granted should not be cancelled. The accused now have approached the supreme court contending that he was granted bail earlier and now another judge has issued notice that the earlier anticipatory bail that was given to him was an error. He further contended that there is no such provision or power to review anticipatory bail and once the bail is granted how could another judge review the same. The division bench comprising justice Sanjay Kishan Kaul and km Joseph had issued notice in the special leave petition. The Kerala High Court recently had observed in a case that the order passed by the high court in criminal jurisdiction can be recalled anytime by applying the provisions given under section 482 of code of criminal procedure. The section 482 of CRPC mentions the power of the HC in criminal proceedings. The High Court record the bail order because the complaint that was de facto was not heard and was pending at the time of disposal of bail application. In the recent judgement and December 2019, the supreme Court of India observed that the high courts of several States have powers under section 482 of code of criminal procedure to review and recall and order and the provisions given under section 362 of CRPC I would not buy it from exercise of such power.
