STATE Vs. KAMRAJ BHOLE AND TWO ORS.

JUDGEMENT

(1.) THIS is an application under Sections 497 and 498(2) of the Code of Criminal Procedure filed by the State to cancel the bail granted to the accused opposite -parties by the Sessions Judge, Ganjam.

(2.) SECTION 497(5) and Sub -section (2) of Section 498 newly inserted by the amendment of the Code of Criminal Procedure (Act 26 of 1935) expressly authorise the High Court or [the] Court of Sessions to cause a person accused of a non -bailable offence who has been admitted to bail to be re -arrested. Thus, there is no legal bar for this Court to deal with an application under Section 497 or 498(2) apart from exercising its jurisdiction under the inherent powers under Section 561A, Criminal Procedure Code.

(3.) BEFORE the Sessions Judge all the accused including the present opposite parties moved to be enlarged on bail and the learned Sessions Judge by his order dated 18 -5 -1966, allowed the bail in respect of the three opposite parties while rejecting the prayer of others. It is against this order of the Sessions Judge allowing bail to the opposite parties, the State has filed this application for cancellation of the bail and for re -arrest of the opposite parties.