ANIL KUMAR AND OTHERS Vs. STATE OF U.P.AND OTHERS
LAWS(ALL)-2002-5-162
HIGH COURT OF ALLAHABAD
Decided on May 13,2002

Anil Kumar and Others Appellant
VERSUS
State Of U.P.And Others Respondents

JUDGEMENT

S.K.AGARWAL, J. - (1.) HEARD the learned Counsel for the Revisionists and the learned A.G.A.
(2.) THE present revision has been preferred against the order of cancellation of bail. Against the said order remedy lies under the bail provisions, it is still open for him to apply for bail. The ground for cancel­lation of bail can also be challenged under the bail provisions. Revisions are maintain­able only against the final orders but an order cancelling bail does not fall within the category of final order. No proceedings are conclusively decided by such orders. Even despite this order an accused has his rem­edy open by invoking this Courts power of bail and can be successful in thwarting the cancellation order. Cancellation order may equally be open to scrutiny in this manner. Powers conferred under section 439 Cr. P.C. does allow such a scrutiny by a superior Court in a bail proceeding. These orders, thus, cannot be treated or termed final orders. No revision or any ap­plication under section 482 of the Code of Criminal Procedure, 1973, hence lies, the remedy in such cases as an application under section 439 Cr. P. C. to seek regular bail. Use of revisional powers or powers under section 482 Cr. P.C. will tantamount to gross abuse of such powers. It cannot be allowed to be so used to get smoothly over the ill-effect of such cancellation orders.
(3.) THIS revision is, accordingly, re­jected. Revision Dismissed.;


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