DAYANIDHI SARANGI AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE sole point for consideration in this revision is can a Magistrate who has, in a proceeding, granted bail to the accused persons charged of bailable offences in a subsequent stage of the proceeding, due to some developments, cancel the same and remand the accused persons to Jail custody?

(2.) ON behalf of the Petitioners, eight in number, it was contended by Mr. B.L.N. Swamy that the trying Magistrate is incompetent to do so; but it is only the Sessions Judge and the High Court, which can exercise that power under Section 439(2), Code of Criminal Procedure, 1973, while the learned Additional Standing Counsel contended that every Court releasing any accused on bail has inherent power of cancelling it, if circumstances so demand. A series of decisions have been cited by either side in support of its stand which are dealt with hereinbelow.

(3.) 1 he citations relied on by the learned Additional Standing Counsel in seriatim are in Pannalal Laboti and Ors. v. Hyderabad State, A.I.R. 1951 Hyd 113, which says