An order cancelling bail is an interlocutory order and therefore, not subject to revision under S.397(2) of the Cr.P.C. However, the High Court can exercise its inherent jurisdiction under S.482 of the Cr.P.C. to cancel bail in exceptional circumstances to prevent an abuse of the process of the Court.

JUDGEMENT

Behera, J. :- The petitioners, accused of offences punishable under Ss.120-B, 147, 148 and 302 read with S.149 of the Indian Penal Code, besides other of-fences, in the court of the Sub-divisional Judicial Magistrate, Chatrapur, in the district of Ganjam, for having formed an unlawful assembly being armed with dangerous weapons and committed the murder of Pratap Swain in furtherance of their common intention after a criminal conspiracy, assail the order under S.439(2) of the Cr.P.C. (for short, the 'Code') passed by the learned Sessions Judge, Ganjam-Boudh, Berhampur, cancelling the bail granted to them by the learned Sub-divisional Judicial Magistrate under the proviso to S.167 (2) of the Code, as the investigation was not completed within a period of ninety days. Each of the petitioners had been released on a bail of Rs. 5,000/- with two sureties each for the like amount subject to the conditions that (i) the petitioners would not leave the jurisdiction of the court without obtain-ing prior permission from his court; (ii) they would not commit any offence or any act of violence leading to breach of the peace; (iii) they would not do any act leading to tampering with the pro-secution evidence, and (iv) they would report themselves at the Chatrapur Police Station once in a week, i.e., on each Sunday before 4 p.m. till the sub-mission of the final form by the investigating agency. Later on the same day, a charge-sheet was placed against the petitioners and a number of other accused persons and the prosecution moved an application before the learned Sub-divisional Judicial Magistrate for re-calling his previous order admitting the petitioners to bail and for cancelling the bail on the ground that the charge-sheet had been made ready in time but could not be filed as it had been misplaced. The learned Magistrate, on the basis of the principles laid down by this Court in Bameah Chandra Sahu v. State (1982) 53 Cut LT 345 : (1982 Cri LJ NOC 117), refused to recall his order and cancel the bail and held that no case had been made out for cancellation of bail under S.437(5) of the Code. If has been submitted at the Bar that the State success fully moved an application in re-vision before the learned Sessions Judge against that order.

2. On July 3, 1982, the learned Public Prosecutor made an application in the court of the learned Sessions Judge under S.438(2) of the Code for cancel-lation of bail granted to the petitioners on the grounds that they had, by taking law into their own hands, flouted the conditions imposed of them by the learned Sub-divisional Judicial Magistrate while admitting them to bail and on June 22, 1982, at 6 p.m., the respondents (petitioners herein) attacked Sudhakar Sahu of Berhampur and threatened him by saying that he would be killed if he would depose against them as a witness in the case of murder. Sudhakar Sahu lodged a report at the Berhampur Town Police Station and Police Station Case No.308 of 1982 under Sections 143, 341, 294 and 506 of the Penal Code was registered and investigated into. The investigation was in progress when the application for cancellation of bail was made. The petitioners, it was alleged, in violation of the conditions imposed on them, had been staying at Berhampur and while so staying, had been committing offences outside the jurisdiction of the Court of the Sub-divisional Judicial Magistrate, Chatrapur. The learned Sessions Judge, after perusing the papers placed before him and hearing both the sides, allowed the application. It is thus that the matter has come to this Court in revision.

3. Mr. Palit has urged on behalf of the petitioners that the petitioners have not flouted the conditions imposed on them by the learned Sub-divisional Judi-cial Magistrate and the grounds for cancellation of bail are false and un-founded which have designedly been made without just and reasonable cause and only for the purpose of cancellation of bail granted to the petitioners. The learned