Can An Anticipatory Bail Order Be Reviewed? SC Issues Notice [Read Order]

Can anticipatory bail once granted can be reviewed? The Supreme Court has issued notice in a Special Leave Petition which poses this legal issue.

Ainul Hoque Molla, an accused in a cheating case, was granted anticipatory bail by the Gauhati High Court on 13th November 2019. However, in March 2020, the Court issued a notice to Molla directing him to show cause why bail granted be not cancelled.

Now the accused approached the Apex Court contending that though he was granted bail earlier, another judge has proceeded to issue notice to him on the premise that the bail was granted erroneously earlier. It is contended that there is no such power of review in such a matter and thus the bail already granted could not have been reviewed in this manner by another judge on the judicial side.

Staying the proceedings against the accused before the High Court, the bench comprising Justices Sanjay Kishan Kaul and KM Joseph issued notice in the SLP. 

Senior Advocate Menaka Gruswamy and Advocate Fuzail Ayyubi argued for the petitioner.

Recently, the Kerala High Court had observed that an order passed by the High Court in criminal jurisdiction can be recalled by invoking the powers under Section 482 Cr.P.C, if legal grounds are properly established by the party. The High court had recalled a bail order on the ground that the defacto complainant was not heard and his application for impleadment is pending at the time of disposal of the bail application.

The Supreme Court, in a judgment passed in December 2019, had observed that a High Court has inherent power under Section 482 of the Code of Criminal Procedure to recall an order and the provisions of Section 362 Cr.P.C. would not bar it from exercise of such powers.

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