Honourable High Court of Bombay
Naresh Ramniklal Gaur v/s Union of India
Writ Petition No. 4677 OF 2021
Honourable High Court of Bombay has held that the Hon’ble Court of Sessions has no powers to stay its own order for the grant of bail under the ambit of the Code of Criminal Procedure.
The Sessions Court has got powers only to grant bail or to any person who has been released on bail to be arrested and committed to the custody, but has no powers to stay the operation of its bail.
Para 12. In so, far as power of the learned Sessions Judge to stay his own order of grant of bail is concerned, in my view, the Code of Criminal Procedure does not empower the Sessions Judge to stay the operation of his order of grant of bail. The provision which can be said to be the nearest to meet the situation is Section 439(2) of the Cr.P.C.,1973.
However, in it’s terms, it only empowers him, to direct any person who has been released on bail to be arrested and committed to the custody. No doubt, the High Court in exercise of its power under Section 482 Cr.P.C. can stay the operation of bail order where it fnds it necessary to do so, to prevent abuse of process of the Court or to meet the ends of justice.
Therefore, in my view, the learned Judge could not have assumed the jurisdiction to stay its own order of grant of bail by taking recourse to Section 209 of the Cr.P.C. This being error in exercise of jurisdiction, the petition was perfectly maintainable. That even otherwise, the learned Sessions Judge has not justifed the order by recording the reasons in suspending his own order.
Drafted By Abhijit Mishra