The Patna High Court dismissed a bail cancellation application as not maintainable. The court held that Section 439(2) Cr.P.C. cannot be invoked against bail granted by a Division Bench while hearing an appeal within its jurisdiction.
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Patna High Court Cr.Misc. No.27566 of 2017 (4) dt.13-10-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27566 of 2017
Arising Out of PS.Case No. -133 Year- 2013 Thana -KOTWA District- EASTCHAMPARAN (MOTIHARI)
====================================================== Reena Devi, Wife of Dinesh Ram, resident of Village Konhwa, Police Station Kotwa, District- East Champaran, Motihari.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Anwar Karim
For the Opposite Party/s : Mr. Sri Abhimanyu Sharma
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
439(2) Cr.P.C. as cancellation for bail is filed against the order granting bail passed by a Division Bench while hearing appeal.
As this application is not maintainable for the said reason, it is dismissed.
(Arun Kumar, J.)
S.Kumar/-
U T
1 issue framed by the court
Whether bail cancellation filed against a Division Bench order granting bail on appeal is maintainable under Section 439(2) Cr.P.C.
1 provisions across 1 enactments
Reena Devi
The State of Bihar
Upendra Ram
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
