AJAY CHAUNKAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) DECISIONS rendered by Hon'ble Supreme Court in the cases of Usmanbhai Dawoodbhai Memon and others vs State of Gujarat, (1988) 2 SCC 271 and M/s Bakhtawar Singh Bal Kishan vs Union of India and others, (1988) 2 SCC 293, as also by Allahabad High Court in the case of Bhola and others vs State, 1979, CriLJ 718; decision of Bombay High Court in the case of State of Maharashtra vs Deelipkumar Hirachand Jain, 2000(1) MhLj 635; decision rendered by Orissa High Court in the case of Nilu and others vs the State, 1983 CRI.L.J. 1590; decision of Punjab & Haryana High Court in the case of In charge Production, Haryana State Co -operative Supply and Marketing Federation Ltd. vs State of Punjab, report in 1983 CRI.L.J. 1595 are filed on behalf of the applicant to show that application under Section 482 of Cr.P.C., and not the criminal revision, is maintainable against an order of cancellation of bail.

(2.) HEARD learned counsel for the applicant and learned Dy. Advocate General, and perused the impugned order dated 22.05.2014.

(3.) PRESENT application under Section 482 of Cr.P.C. will be decided only after some order is passed by learned Sessions Judge on the bail application of the applicant under Sections 406, 506 IPC. It is stated by learned counsel for the applicant that when the applicant applied for bail in the trial court in respect of said sections, his bail application was dismissed. It is, accordingly, provided that learned Sessions Judge, Nainital, shall decide the bail application of the applicant under Sections 406, 506 of IPC at an earliest.