Yunus Hussain Rathod and Others Vs the Assistant Collector of Customs Preventive Bombay and Another - Citation 334835 - Court Judgment

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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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			'judgement' => '<p style="text-align: justify;">1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p style="text-align: justify;">2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p style="text-align: justify;">3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p style="text-align: justify;">This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p style="text-align: justify;">4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p style="text-align: justify;">5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p style="text-align: justify;">6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p style="text-align: justify;">7. Petition allowed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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		'judgement' => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p>7. Petition allowed.<p></p><p>',
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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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			'judgement' => '<p style="text-align: justify;">1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p style="text-align: justify;">2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p style="text-align: justify;">3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p style="text-align: justify;">This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p style="text-align: justify;">4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p style="text-align: justify;">5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p style="text-align: justify;">6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p style="text-align: justify;">7. Petition allowed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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		'judgement' => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p>7. Petition allowed.<p></p><p>',
		'observations' => null,
		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '1990(1)BomCR449; 1991CriLJ437; 1990(47)ELT240(Bom)',
		'ratiodecidendi' => '',
		'respondent' => 'The Assistant Collector of Customs (Preventive), Bombay and Another',
		'sub' => 'Customs;Criminal',
		'link' => null,
		'circuit' => null
	)
)
$casename_url = 'yunus-hussain-rathod-vs-assistant-preventive'
$args = array(
	(int) 0 => '334835',
	(int) 1 => 'yunus-hussain-rathod-vs-assistant-preventive'
)
$url = 'https://sooperkanoon.com/case/amp/334835/yunus-hussain-rathod-vs-assistant-preventive'
$ctype = ' High Court'
include - APP/View/Case/amp.ctp, line 120
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

customs - jurisdiction - customs act and sections 167, 439 and 482 of code of criminal procedure, 1973 - whether sessions court possesses legal authority to stay operation of order of magistrate releasing accused on bail - order of cancellation of bail can be made after examining material produced and hearing both parties - sessions court lacks power under section 439 to make an interim order of cancellation of bail - order which stays or suspends operation of order of magistrate granting bail has effect of temporary intervening, cancellation of bail - such power has not been conferred on sessions court. - - under the proviso to sub-section (2) of section 167 of the code of criminal procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days,.....

Notice (8): Undefined variable: kword [APP/View/Case/amp.ctp, line 123]Code Context                                    }

                                //highest occurence of word in the judgement

                                echo $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'Yunus Hussain Rathod and Others Vs the Assistant Collector of Customs Preventive Bombay and Another - Citation 334835 - Court Judgment | ',
	'desc' => array(
		'Judgement' => array(
			'id' => '334835',
			'acts' => 'Customs Act; <a href="/act/50902/code-of-criminal-procedure-1973-complete-act">Code of Criminal Procedure (CrPC) , 1973</a> - Sections 167, 439 and 482',
			'appealno' => 'Criminal Application No. 2629 of 1989',
			'appellant' => 'Yunus HussaIn Rathod and Others',
			'authreffered' => '',
			'casename' => 'Yunus HussaIn Rathod and Others Vs. the Assistant Collector of Customs (Preventive), Bombay and Another',
			'casenote' => 'Customs - jurisdiction - Customs Act and Sections 167, 439 and 482 of Code of Criminal Procedure, 1973 - whether Sessions Court possesses legal authority to stay operation of Order of Magistrate releasing accused on bail - Order of cancellation of bail can be made after examining material produced and hearing both parties - Sessions Court lacks power under Section 439 to make an interim Order of cancellation of bail - Order which stays or suspends operation of Order of Magistrate granting bail has effect of temporary intervening, cancellation of bail - such power has not been conferred on Sessions Court.


 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => '',
			'counseldef' => '',
			'court' => 'Mumbai',
			'court_type' => 'HC',
			'decidedon' => '1989-11-22',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => 'G.H. Guttal, J.',
			'judgement' => '<p style="text-align: justify;">1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p style="text-align: justify;">2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p style="text-align: justify;">3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p style="text-align: justify;">This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p style="text-align: justify;">4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p style="text-align: justify;">5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p style="text-align: justify;">6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p style="text-align: justify;">7. Petition allowed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
			'observations' => null,
			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '1990(1)BomCR449; 1991CriLJ437; 1990(47)ELT240(Bom)',
			'ratiodecidendi' => '',
			'respondent' => 'The Assistant Collector of Customs (Preventive), Bombay and Another',
			'sub' => 'Customs;Criminal',
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			'circuit' => null
		)
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	'casename_url' => 'yunus-hussain-rathod-vs-assistant-preventive',
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		(int) 1 => 'yunus-hussain-rathod-vs-assistant-preventive'
	)
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$title_for_layout = 'Yunus Hussain Rathod and Others Vs the Assistant Collector of Customs Preventive Bombay and Another - Citation 334835 - Court Judgment | '
$desc = array(
	'Judgement' => array(
		'id' => '334835',
		'acts' => 'Customs Act; <a href="/act/50902/code-of-criminal-procedure-1973-complete-act">Code of Criminal Procedure (CrPC) , 1973</a> - Sections 167, 439 and 482',
		'appealno' => 'Criminal Application No. 2629 of 1989',
		'appellant' => 'Yunus HussaIn Rathod and Others',
		'authreffered' => '',
		'casename' => 'Yunus HussaIn Rathod and Others Vs. the Assistant Collector of Customs (Preventive), Bombay and Another',
		'casenote' => 'Customs - jurisdiction - Customs Act and Sections 167, 439 and 482 of Code of Criminal Procedure, 1973 - whether Sessions Court possesses legal authority to stay operation of Order of Magistrate releasing accused on bail - Order of cancellation of bail can be made after examining material produced and hearing both parties - Sessions Court lacks power under Section 439 to make an interim Order of cancellation of bail - Order which stays or suspends operation of Order of Magistrate granting bail has effect of temporary intervening, cancellation of bail - such power has not been conferred on Sessions Court.


 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => '',
		'counseldef' => '',
		'court' => 'Mumbai',
		'court_type' => 'HC',
		'decidedon' => '1989-11-22',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => 'G.H. Guttal, J.',
		'judgement' => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p>7. Petition allowed.<p></p><p>',
		'observations' => null,
		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '1990(1)BomCR449; 1991CriLJ437; 1990(47)ELT240(Bom)',
		'ratiodecidendi' => '',
		'respondent' => 'The Assistant Collector of Customs (Preventive), Bombay and Another',
		'sub' => 'Customs;Criminal',
		'link' => null,
		'circuit' => null
	)
)
$casename_url = 'yunus-hussain-rathod-vs-assistant-preventive'
$args = array(
	(int) 0 => '334835',
	(int) 1 => 'yunus-hussain-rathod-vs-assistant-preventive'
)
$url = 'https://sooperkanoon.com/case/amp/334835/yunus-hussain-rathod-vs-assistant-preventive'
$ctype = ' High Court'
include - APP/View/Case/amp.ctp, line 123
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 123]Code Context                                    }

                                //highest occurence of word in the judgement

                                echo $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'Yunus Hussain Rathod and Others Vs the Assistant Collector of Customs Preventive Bombay and Another - Citation 334835 - Court Judgment | ',
	'desc' => array(
		'Judgement' => array(
			'id' => '334835',
			'acts' => 'Customs Act; <a href="/act/50902/code-of-criminal-procedure-1973-complete-act">Code of Criminal Procedure (CrPC) , 1973</a> - Sections 167, 439 and 482',
			'appealno' => 'Criminal Application No. 2629 of 1989',
			'appellant' => 'Yunus HussaIn Rathod and Others',
			'authreffered' => '',
			'casename' => 'Yunus HussaIn Rathod and Others Vs. the Assistant Collector of Customs (Preventive), Bombay and Another',
			'casenote' => 'Customs - jurisdiction - Customs Act and Sections 167, 439 and 482 of Code of Criminal Procedure, 1973 - whether Sessions Court possesses legal authority to stay operation of Order of Magistrate releasing accused on bail - Order of cancellation of bail can be made after examining material produced and hearing both parties - Sessions Court lacks power under Section 439 to make an interim Order of cancellation of bail - Order which stays or suspends operation of Order of Magistrate granting bail has effect of temporary intervening, cancellation of bail - such power has not been conferred on Sessions Court.


 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => '',
			'counseldef' => '',
			'court' => 'Mumbai',
			'court_type' => 'HC',
			'decidedon' => '1989-11-22',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => 'G.H. Guttal, J.',
			'judgement' => '<p style="text-align: justify;">1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p style="text-align: justify;">2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p style="text-align: justify;">3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p style="text-align: justify;">This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p style="text-align: justify;">4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p style="text-align: justify;">5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p style="text-align: justify;">6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p style="text-align: justify;">7. Petition allowed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
			'observations' => null,
			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '1990(1)BomCR449; 1991CriLJ437; 1990(47)ELT240(Bom)',
			'ratiodecidendi' => '',
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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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		'judgement' => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p>7. Petition allowed.<p></p><p>',
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1. the question which arises for consideration is whether the sessions court possesses legal authority to stay the operation of the order of a magistrate releasing the accused on bail.2. the petitioners are the accused in a case under the customs act. they were arrested on 15th september, 1989 and produced before the magistrate on 16th september, 1989. by the order of the additional chief metropolitan magistrate, 8th court, bombay, dated 16th september, 1989 in remand application no. 968 of 1989, they were remanded to custody. however on 23rd october, 1989 they were released on bail. on 24th october, 1989, the assistant collector of customs the respondent no. 1, preferred criminal revision application no. 299 of 1989 before the sessions court of greater bombay. on the same day, the.....

Judgment:

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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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			'judgement' => '<p style="text-align: justify;">1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p style="text-align: justify;">2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p style="text-align: justify;">3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p style="text-align: justify;">This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p style="text-align: justify;">4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p style="text-align: justify;">5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p style="text-align: justify;">6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p style="text-align: justify;">7. Petition allowed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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		'judgement' => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. 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In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. 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	(int) 1 => '<p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.',
	(int) 2 => '<p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.',
	(int) 3 => '<p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.',
	(int) 4 => '<p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.',
	(int) 5 => '<p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.',
	(int) 6 => '<p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.',
	(int) 7 => '<p>7. Petition allowed.<p>',
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1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.

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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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			'judgement' => '<p style="text-align: justify;">1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p style="text-align: justify;">2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p style="text-align: justify;">3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p style="text-align: justify;">This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p style="text-align: justify;">4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p style="text-align: justify;">5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p style="text-align: justify;">6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p style="text-align: justify;">7. Petition allowed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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		'judgement' => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p>7. Petition allowed.<p></p><p>',
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	(int) 0 => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.',
	(int) 1 => '<p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.',
	(int) 2 => '<p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.',
	(int) 3 => '<p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.',
	(int) 4 => '<p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.',
	(int) 5 => '<p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.',
	(int) 6 => '<p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.',
	(int) 7 => '<p>7. Petition allowed.<p>',
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View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
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2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Context                                         echo $this->Adsense->display('responsive_rect'); 

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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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			'judgement' => '<p style="text-align: justify;">1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p style="text-align: justify;">2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p style="text-align: justify;">3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p style="text-align: justify;">This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p style="text-align: justify;">4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p style="text-align: justify;">5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p style="text-align: justify;">6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). 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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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		'judgement' => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p>7. Petition allowed.<p></p><p>',
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	(int) 0 => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.',
	(int) 1 => '<p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.',
	(int) 2 => '<p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.',
	(int) 3 => '<p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.',
	(int) 4 => '<p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.',
	(int) 5 => '<p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.',
	(int) 6 => '<p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.',
	(int) 7 => '<p>7. Petition allowed.<p>',
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3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.

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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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			'judgement' => '<p style="text-align: justify;">1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p style="text-align: justify;">2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p style="text-align: justify;">3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p style="text-align: justify;">This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p style="text-align: justify;">4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p style="text-align: justify;">5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p style="text-align: justify;">6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p style="text-align: justify;">7. Petition allowed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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The Order granting stay of the operation of bail is impugned in this petition.</p><p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. 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	(int) 0 => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.',
	(int) 1 => '<p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.',
	(int) 2 => '<p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.',
	(int) 3 => '<p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.',
	(int) 4 => '<p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.',
	(int) 5 => '<p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.',
	(int) 6 => '<p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.',
	(int) 7 => '<p>7. Petition allowed.<p>',
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This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.

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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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			'judgement' => '<p style="text-align: justify;">1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p style="text-align: justify;">2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p style="text-align: justify;">3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p style="text-align: justify;">This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p style="text-align: justify;">4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p style="text-align: justify;">5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p style="text-align: justify;">6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p style="text-align: justify;">7. Petition allowed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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		'judgement' => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p>7. Petition allowed.<p></p><p>',
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	(int) 1 => '<p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.',
	(int) 2 => '<p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.',
	(int) 3 => '<p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.',
	(int) 4 => '<p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.',
	(int) 5 => '<p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.',
	(int) 6 => '<p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.',
	(int) 7 => '<p>7. Petition allowed.<p>',
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4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.

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			'judgement' => '<p style="text-align: justify;">1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p style="text-align: justify;">2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p style="text-align: justify;">3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p style="text-align: justify;">This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p style="text-align: justify;">4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p style="text-align: justify;">5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p style="text-align: justify;">6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p style="text-align: justify;">7. Petition allowed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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		'judgement' => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p>7. Petition allowed.<p></p><p>',
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	(int) 0 => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.',
	(int) 1 => '<p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.',
	(int) 2 => '<p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.',
	(int) 3 => '<p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.',
	(int) 4 => '<p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.',
	(int) 5 => '<p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.',
	(int) 6 => '<p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.',
	(int) 7 => '<p>7. Petition allowed.<p>',
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5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.

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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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			'judgement' => '<p style="text-align: justify;">1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p style="text-align: justify;">2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p style="text-align: justify;">3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p style="text-align: justify;">This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p style="text-align: justify;">4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p style="text-align: justify;">5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p style="text-align: justify;">6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). 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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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		'judgement' => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p>7. Petition allowed.<p></p><p>',
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	(int) 0 => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.',
	(int) 1 => '<p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.',
	(int) 2 => '<p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.',
	(int) 3 => '<p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.',
	(int) 4 => '<p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.',
	(int) 5 => '<p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.',
	(int) 6 => '<p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.',
	(int) 7 => '<p>7. Petition allowed.<p>',
	(int) 8 => '<p>'
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6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.

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	'title_for_layout' => 'Yunus Hussain Rathod and Others Vs the Assistant Collector of Customs Preventive Bombay and Another - Citation 334835 - Court Judgment | ',
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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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			'judgement' => '<p style="text-align: justify;">1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p style="text-align: justify;">2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p style="text-align: justify;">3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p style="text-align: justify;">This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p style="text-align: justify;">4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p style="text-align: justify;">5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p style="text-align: justify;">6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p style="text-align: justify;">7. Petition allowed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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		'judgement' => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p>7. Petition allowed.<p></p><p>',
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	(int) 0 => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.',
	(int) 1 => '<p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.',
	(int) 2 => '<p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.',
	(int) 3 => '<p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.',
	(int) 4 => '<p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.',
	(int) 5 => '<p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.',
	(int) 6 => '<p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.',
	(int) 7 => '<p>7. Petition allowed.<p>',
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7. Petition allowed.

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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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			'judgement' => '<p style="text-align: justify;">1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p style="text-align: justify;">2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p style="text-align: justify;">3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p style="text-align: justify;">This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p style="text-align: justify;">4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p style="text-align: justify;">5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p style="text-align: justify;">6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p style="text-align: justify;">7. Petition allowed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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 -  -  Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure.',
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		'judgement' => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.</p><p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.</p><p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.</p><p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.</p><p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.</p><p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.</p><p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.</p><p>7. Petition allowed.<p></p><p>',
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	(int) 0 => '<p>1. The question which arises for consideration is whether the Sessions Court possesses legal authority to stay the operation of the Order of a Magistrate releasing the accused on bail.',
	(int) 1 => '<p>2. The petitioners are the accused in a case under the Customs Act. They were arrested on 15th September, 1989 and produced before the Magistrate on 16th September, 1989. By the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, dated 16th September, 1989 in Remand Application No. 968 of 1989, they were remanded to custody. However on 23rd October, 1989 they were released on bail. On 24th October, 1989, the Assistant Collector of Customs the Respondent No. 1, preferred Criminal Revision Application No. 299 of 1989 before the Sessions Court of Greater Bombay. On the same day, the Additional Sessions Judge, Bombay, who was hearing criminal applications, stayed the operation of the Order releasing the petitioners on bail. The Order granting stay of the operation of bail is impugned in this petition.',
	(int) 2 => '<p>3. The Criminal Revision Application No. 299 of 1989 filed by the Assistant Collector of Customs is for cancellation of bail. A Court of Session, no doubt, has the power to 'direct that any person who has been released on bail .......... be arrested and committed to custody' (Sub-section (2) of Section 439 of the Code of Criminal Procedure). But the cancellation of bail is an extraordinary step. It must be preceded by an inquiry into the circumstances on which the application is based and application of the principles governing cancellation of bail. The existence of supervening circumstances which make it necessary that the accused should not remain free The State through the Delhi Administration v. Sanjay Gandhi. : 1978CriLJ952 or other cogent and overwhelming circumstances Bhagirath Singh Judeja v. State of Gujarat : 1984CriLJ160 . have to be proved before the bail is cancelled. It follows, therefore, that the order of cancellation of bail can be made after examining the material produced and therefore of necessity after hearing both the parties. It stands to reason that cancellation of bail is a final order on the application. There is no power in the Sessions Court under Section 439 of the Code of Criminal Procedure to make an interim order of cancellation of bail. The Order which stays or suspends the operation of the Order of the Magistrate granting bail has the effect of temporary intervening, cancellation of bail. Such a power has not been conferred on the Sessions Court. In Rameshwar Prasad Rameshwar Prasad v. State , the Allahabad High Court, too, has held the same view.',
	(int) 3 => '<p>This is not to suggest that once an accused has been released on bail by a Subordinate Court, such Order cannot be suspended. There are occasions where accused secure Orders of bail, by fraud, misrepresentation or the Orders are, otherwise, grossly improper. In such cases, the ends of justice may demand suspension or stay of such Orders. The High Court's inherent powers have been saved 'to prevent abuse of the process of any Court or otherwise to secure the ends of justice' (Section 482 of the Code of Criminal Procedure). The Sessions Court does not possess such power.',
	(int) 4 => '<p>4. In my opinion, the Order of the Sessions Court of Bombay, staying the operation of the Order of the Additional Chief Metropolitan Magistrate, 8th Court, Bombay, is without jurisdiction.',
	(int) 5 => '<p>5. There is one more reason why the impugned order has to be set aside. The petitioners were arrested on 15/9/1989 and produced before the Magistrate on 16-9-1989. The investigation relates to the offences not punishable with 'death or imprisonment for life or imprisonment for a term not less than 10 years' (Sub-cl. (ii) of Clause (a) of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure). Therefore, the investigation by the respondents relates to 'any other offence' within the meaning of sub-clause (ii) of Clause (a) of the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, if the charge-sheet in respect of the offence complained of is not filed within sixty days, 'the accused person shall be released on bail' The period of sixty days expired on 16-11-1989. As a result of the pendency of the criminal revision application in the Sessions Court of Greater Bombay and as a consequence of the interim stay granted by that Court, the petitioners have been detained in custody beyond the statutory period stipulated by the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. It is true that the learned Addl. Sessions Judge did not intend the detention beyond the period stipulated by Section 167 of the Code of Criminal Procedure. But the interim relief granted by him has resulted in such detention. Since the charge-sheet has not been filed within sixty days or to this date the accused/petitioners are entitled to be released on bail and cannot be detained merely because the Sessions Court stayed the operation of the Order granting them bail.',
	(int) 6 => '<p>6. For these reasons, the petition is allowed. Rule is made absolute in terms of prayer (a). Except this, no order on the application.',
	(int) 7 => '<p>7. Petition allowed.<p>',
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Subject	Customs;Criminal
Court	Mumbai High Court
Decided On	Nov-22-1989
Case Number	Criminal Application No. 2629 of 1989
Judge	G.H. Guttal, J.
Reported in	1990(1)BomCR449; 1991CriLJ437; 1990(47)ELT240(Bom)
Acts	Customs Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 167, 439 and 482
Appellant	Yunus HussaIn Rathod and Others
Respondent	The Assistant Collector of Customs (Preventive), Bombay and Another

Yunus HussaIn Rathod and Others Vs. the Assistant Collector of Customs (Preventive), Bombay and Another - Court Judgment