The single-judge High Court informed counsel that a bail cancellation application was essentially a review petition. The court noted it could not function in that capacity and found no case made out for cancellation.
The bail cancellation application is dismissed.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 40 of 2023
Applicant :- Deepak Khandelwal Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Bhanu Prakash Verma Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Bhanu Prakash Verma, learned counsel for the applicant and Shri Munne Lal, learned AGA for the State.
This is a bail cancellation application.
No violation of conditions or misuse of liberty of bail has been established from the bail cancellation application. However, arguments have been advanced against the order granting bail. It appears that the bail cancellation application is essentially an application for rehearing or review of the order granting bail. This Court is neither sitting in appeal nor in review jurisdiction.
No case for bail cancellation is made out.
The bail cancellation application is dismissed.
Order Date :- 20.1.2023 Kirti
Digitally signed by :- KIRTI SAHU High Court of Judicature at Allahabad
2 issues framed by the court
Whether the bail cancellation application can be entertained when it is essentially a request for review or rehearing of the bail order.
Whether the applicant has established any violation of bail conditions or misuse of liberty.
Deepak Khandelwal
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
