JUDGMENT :

B.K. Behera, J. - The Petitioner assails the order passed by Mr. B.N. Das, Sessions Judge, Sundargarh, allowing an application in revision made by the State against the order passed by Mr. H.B. Das, Sub-divisional Judicial Magistrate, Panposh, Rourkela, admitting the Petitioner to bail. Mr. Pradeep Mohanty, the learned Counsel for the Petitioner, has submitted that an order relating to bail is an interlocutory one and therefore, no revision lies in view of the provisions contained in Section 397(2) of the Code of Criminal Procedure {the Code, for short}. Reliance has been placed by him on the principles laid down in Amar Nath and Others Vs. State of Haryana and Another. Mr. P.K. Mohanty, the learned Additional Government Advocate, has submitted that in view of the statutory bar for a revision against an interlocutory order, the revision was not competent. He has further submitted that it is open to the State to move an application for cancellation of bail either before the learned Sub-divisional Judicial Magistrate u/s 437(5) of the Code or before this Court or the Court of Session u/s 439(2) of the Code.

2. The contention raised by Mr. Pradeep Mohanty must prevail and the