Kodiripaka Praveen Kumar @ Praveen v. State Of A. P.
2000-07-19
T.CH.SURYA RAO
body2000
DigiLaw.ai
T. SURYA RAO, J. ( 1 ) HEARD the learned Counsel for the petitioner. The revision case itself is filed against the order cancelling the bail by the learned I Additional Sessions Judge, warangal and was dismissed as havingbeen not maintainable in view of the bar under sub-section (2) of Section 397 of the Cr. P. C. However, in this case, this Court directed the petitioner to surrender before the concerned police Station and on his surrender, he shall be released on bail on his furnishing a personal bond for a sum of Rs. 10,000/- with two sureties each for the like amount. This court imposed the condition that he should report at the Police Station every day between 9 a. m. to 10 a. m. and 4 p. m. to 5 p. m. until further orders. The petitioner filed an application in Crl. M. P. No. 3334 of 2000 for relaxation of the conditions imposed by this court. Notwithstanding the fact that the criminal Revision case is not maintainable and is dismissed, the bail order granted by this Court in my considered view is an order passed U/s. 439 (1) Cr. P. C. separately and independently of the revision case. The order passed by this Court in the Criminal revision Case to the effect that the bail granted by this Court pending the revision is co-terminus with the order passed in the revision petition in the circumstances, is not proper and is therefore liable to be recalled. It has not been brought to the notice of this court that such a bail order has been passed earlier in the Criminal Revision Case. This court proceeded on the assumption that an interim order has been passed in the criminal Revision Case. The order, therefore, passed by this Court in crl. R. C. No. 389/2000 on 10-7-2000 stands modified to the extent indicated above, namely that the revision is not maintainable in view of the bar under Section 397 (2) crl. P. C. and that the bail granted earlier was under Section 439 or Crl. P. C. and therefore stands.