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PETITIONER: TALAB HAJI HUSSAIN
Vs.
RESPONDENT: MADHUKAR PURSHOTTAM MONDKARAND ANOTHER
DATE OF JUDGMENT: 07/02/1958
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. BHAGWATI, NATWARLAL H. IMAM, SYED JAFFER
CITATION: 1958 AIR 376 1958 SCR 1226
ACT: Criminal Law-Bail-Cancellation-High Court’s inherent power- Bailable offence-Accused released on bail by Magistrate- Subsequent Prejudicial conduct of accused-High Court’s Power to cancel bail-Code of Criminal Procedure (Act 5 Of 1898), ss. 426, 496,497,498,56 1A.
HEADNOTE: The appellant was charged under s. 120 B of the Indian Penal Code and s. 167(8i) of the Sea Customs Act, i878, which were bailable offences, and was released on bail by the Chief Presidency Magistrate under s. 496 of the Code of Criminal Procedure. An application made subsequently by the complainant for cancellation of the bail was dismissed by the Magistrate on the ground that under s. 496 he had no jurisdiction to cancel the bail. The complainant invoked the inherent power of the High Court under s. 561A of the Code and the High Court took the view that under that section it had inherent power to cancel the bail,and finding that on the material produced before the Court it would not be safe to permit the appellant to be at large, it cancelled the bail. On appeal to the Supreme Court:-- Held, that though under s. 496 of ...