MASOOK ALI Vs. STATE OF U P

JUDGEMENT

(1.) S. S. Kulshrestha, J. Heard learned counsel for the applicant and also the learned A. G. A. and perused the materials on record.

(2.) IN the present case, the order dated 1st October, 2003 passed by the learned Session Judge granting the bail to the juvenile in Bail Application No. 227 of 2003 has been assailed. IN that regard an application for cancellation of bail can well be moved before the appropriate Bench. Further in this regard reliance has been placed on the case of Puran v. Rambilas & Another, 2001 (2) JIC 868 (SC), wherein the Apex Court has held that High Court can exercise it's power under Section 482 of the Code of Criminal Procedure (which is herein after referred to as 'the Code') in entertaining the application for bail cancellation with the order which causes miscarriage of justice or is palpably illegal is unjustified. Since the High Court's inherent jurisdiction under Section 482 Code, is not affected by the provisions of Section 397 (3) of the Code, the High Court may refuse to exercise its jurisdiction under Section 482 of the Code on the basis of self-imposed restriction.