Supreme Court: Power to review Anticipatory Bail

In case of Ainul Hoque Molla vs The State of Assam where accused was granted Anticipatory Bail by Gauhati High Court on 13th Nov, 2019. While considering the bail of co-accused the Judge contended that the bail was granted erroneously earlier.

Staying the proceedings against accused, the bench comprising of Justice Sanjay Kishan Kaul and KM Joseph issued notice in SLP.

Supreme Court in a judgement in December 2019 had observed that high court has inherent power under Section 482 of the CrPC to recall an order and provision of Section 362 CrPC would not bar from exercising any such power.

The court further submitted that there is no review power in matter of bail, and thus the bail already granted could not be reviewed by another Learned Judge.

In the above case high court has recalled a bail order on the ground that the defacto complainant was not heard and his application for impediment is pending at the time of disposal of bail application.

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