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1979 Supreme(All) 92

S.MALIK, B.N.KATJU
BHOLA – Appellant
Versus
STATE – Respondent


JUDGEMENT

S. Malik, J.: - This is an application in revision under S. 397 of the Cr. P. C., 1973 (hereinafter referred to as the Code), praying that the order dated 17-11-1977 of the Sessions Judge, Ghazipur cancelling the bail granted to the applicants by the Magistrate before whom they are being prosecuted for offences punishable under Ss. 147, 323. 325 and 452 of the I. P. C. (Grim. No. 60 of 1977), be set aside.

2. The main question involved in this application is whether an order cancelling bail is an 'interlocutory order' within the meaning of sub-s. (2) of S. 397 of the Code or in other words, whether an application in revision would lie to this Court under S. 397 of the Code against an order cancelling bail.

3. As usual, the application came up before a learned single Judge of this Court who by his order dated 3-5-1978 referred the case for disposal to a Division Bench as in his view the question requires reconsideration. As has been mentioned in the referring order, another learned single Judge of this Court in Tota Ram v. State, 1976 All WC 197 : (1976 All LJ 481) held that an order cancelling bail is an 'interlocutory order' following the decision of the Rajasthan High Cour




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