1978 Supreme(Raj) 248
RAJASTHAN HIGH COURT
S.K.Mal Lodha, J.
Bhanwar Lal and Dhan Raj - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Crim. Misc Application Nos. 71, 189 and 70 of 1978. (copy received on 2.1.1979.).
Decided On : 12-07-1978
For the Applicant:M.C. Bhandari and Sayar Chand, Bilam Chand Mehta, Advocate.
For the Respondent: M.D. Purohit, P.P.
The inherent power under Section 482 of the Code of Criminal Procedure, 1973, can be invoked to modify an order granting anticipatory bail, provided one of the three conditions laid down in Section 482 is fulfilled.
Headnote:
CRIMINAL PROCEDURE CODE - Section 482 - Inherent Powers of the Court - Modification of Order - Conditions for Grant of Anticipatory Bail - Deposit of Money - Review of Order.
Fact of the Case:
The applicant, Bhanwarlal, and his father, Dhanraj, were granted anticipatory bail by the Vacation Judge on the condition that they deposit Rs. 15,000/- with the Investigating Officer, who would pay it to the complainant. The applicant filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking modification of the order, contending that the condition was imposed on an erroneous assumption and was not warranted by the provisions of the Code.
Finding of the Court:
The court held that the condition to deposit Rs. 15,000/- was imposed under an erroneous assumption of facts and was not warranted by the provisions of Section 437 or 438 of the Code. The court further held that the inherent power under Section 482 of the Code could be invoked to modify, recall, or review an order once made by the Court, provided one of the three conditions laid down in Section 482 was fulfilled.
Issues: 1. Whether the order granting anticipatory bail was a 'final order' within the meaning of Section 362 of the Code of Criminal Procedure, 1973? 2. Whether the inherent power under Section 482 of the Code could be invoked to modify the order granting anticipatory bail? 3. Whether the condition to deposit Rs. 15,000/- was imposed on an erroneous assumption and was not warranted by the provisions of the Code?
Ratio Decidendi: 1. The court held that an order granting anticipatory bail is merely an interlocutory order and not a 'final order' within the meaning of Section 362 of the Code of Criminal Procedure, 1973. 2. The court held that the inherent power under Section 482 of the Code could be invoked to modify the order granting anticipatory bail, as the condition to deposit Rs. 15,000/- was imposed on an erroneous assumption and was not warranted by the provisions of the Code. 3. The court held that the condition to deposit Rs. 15,000/- was imposed on an erroneous assumption and was not warranted by the provisions of Section 437 or 438 of the Code.
Final Decision: The court allowed the application under Section 482 of the Code of Criminal Procedure, 1973, and modified the order dated June 9, 1978, by recalling the condition to deposit Rs. 15,000/-.
"I have heard the learned Counsel for the parties The principal contention of Mr. Deep Chand is that it has been a civil dispute which has been converted into a criminal case. He further submits that he is prepared to deposit Rs. 15000/-, in the first instance for being paid to the complainant.
(a) the petitioners would produce themselves before the investigation agency for interrogation or investigation as and when called upon;
(b) that they would further appear before the court as and when called upon;
(c) they would not tamper with the evidence and would not intimidate the witnesses;
(d) they would not leave India without the permission of the trial court.
"...prayed to either review or amend the order of this Hon'ble Court dated 9th June, 1978, while exercising the power under Section 482 CrPC to maintain the order in question of the fact relating to release of the petitioner on bail and by deleting the order in respect of discharging liability of Rs. 15000/- by the petitioner or to pass the suitable order which this Hon'ble Court deems proper and reasonable in the inter