FIROZ KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is assailing the order dtd. 29/8/2020 in Miscellaneous Criminal Application 1918/2020 rendered by the learned Additional Sessions Judge-7, Nagpur, the effect of which is that the bail granted to the petitioner by the learned Sessions Judge vide order dtd. 29/6/2020 rendered in Crime 12/2019 registered with Police Station Sakkardara, Nagpur, is cancelled.

(2.) The law is well settled. The power of the Court to cancel the bail under Sec. 439(2) of the Criminal Procedure Code (Code) does not entail or envisage a review on merits.

(3.) The width and amplitude of the power, available to the same Court to cancel the bail under Sec. 439(2) of the Code is explained by the Supreme Court in Abdul Basit Alias Raju and others v. Mohd. Abdul Kadir Chaudhary and another, (2014) 10 SCC 754 thus :