Decided on July 27,1960

STATE Respondents


Lahiri, C.J. - (1.) The petitioner was arrested by the Calcutta Police in connection with an alleged offence under Section 11 of the West Bengal Security Act. When he was produced before the Additional Chief Presidency Magistrate, he was released on bail of Rs. 2,000/- (Rupees two thousand) only. On a newspaper report of this proceeding a Division Bench of this Court taking criminal business issued a Rule upon the Chief Presidency Magistrate as well as upon the petitioner to show cause why the order granting bail should not he cancelled and after hearing the cause shown the Division Bench made the Rule absolute and cancelled the order of bail. The petitioner now wants to refer an appeal to the Supreme Court against the aforesaid order of the Division Bench dated July 22, 1960 and he has asked for a Certificate under Article 134(1)(c) of the Constitution.
(2.) Mr. Banerjee appearing in support of the application states before us that the point which the petitioner proposes to raise before the Supreme Court is this: that although this Court has power under Section 439 of the Code of Criminal Procedure to rescind or modify any order passed by a subordinate criminal Court suo motu, the facts of the present case are not such as to justify the exercise of that extraordinary power.
(3.) For the reasons which I propose to give it is not necessary for us to express any opinion on the merits of the point which the petitioner proposes to raise before the Supreme Court. In our opinion, no Certificate can be granted by this Court under Article 134(1)(c) of the Constitution against the order passed by the Division Bench because the order sought to be appealed from is not a final order within the meaning of that Article.;

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