DEEPAK KHOSLA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Present petition under Sec. 439(2) read with Sec. 482 Crimial P.C. read with Articles 226 & 227 of the Constitution of India has been preferred by the petitioner to challenge the legality and correctness of an order dated 01.02.2017 of learned Addl. Sessions Judge by which order dated 03.01.2017 of learned Addl. Chief Metropolitan Magistrate, Delhi in C.C. No.463927/2016 granting bail to the respondents No.2 to 4 (hereinafter referred as 'respondents') was upheld.

(2.) I have heard the petitioner and have examined the file.

(3.) The petitioner urged to declare the impugned order dated 001.2017 whereby bail was granted to respondents without moving any written application by them to be a nullity in law. He further urged that order dated 01.02.2017 can't be sustained as the learned Addl. Sessions Judge was of erroneous view that only High Court had jurisdiction to cancel bail under Sec. 439(2) Cr.P.C.