C482/2147/2023
2023 Latest Caselaw 3403 UK

Citation : 2023 Latest Caselaw 3403 UK
Judgement Date : 8 November, 2023

Uttarakhand High Court

C482/2147/2023 on 8 November, 2023

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                      COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      08.11.2023                        C-482 No. 2147 of 2023
                                        Hon'ble Alok Kumar Verma, J.

Invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, present Application has been filed to set aside the impugned order dated 25.10.2023, passed by learned Additional Sessions Judge, Vikas Nagar, District Dehradun in Criminal Revision No. 18 of 2021.

2. Present applicant-accused Deepak Kumar was granted default bail under Section 167(2) of the Code of Criminal Procedure, 1973 under Sections 409, 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860 in connection with Case Crime No. 460 of 2019, registered at police station Sahaspur, District Dehradun.

3. The State of Uttarakhand had filed a Criminal Revision (No. 18 of 2021). Allowing the said Revision on 25.10.2023, learned Revisional Court has set aside the default bail order.

4. Heard Mr. Himanshu Pal, learned counsel for applicant and Mr. Akshay Latwal, learned Brief Holder for the State.

5. Mr. Himanshu Pal, Advocate, appearing for the applicant contended that a default bail, granted under Section 167(2) of the Code of Criminal Procedure, 1973, is an interlocutory order, therefore, Revision against the said order does not lie.

6. In support of the said submission that the bail order is an interlocutory order, Mr. Himanshu Pal, Advocate, has relied upon a judgment of the Hon'ble Supreme Court, passed in "Amar Nath and Others vs. State of Haryana and Another", (1977) 4 SCC 137.

7. Admit.

8. Learned counsel for the State has sought three weeks time for arguments.

9. List on 29.11.2023.

10. In the facts and circumstances of the case, impugned order dated 25.10.2023, passed by learned Additional Sessions Judge, Vikas Nagar, District Dehradun in Criminal Revision No. 18 of 2021, is stayed till the next date of listing.

11. Stay Application (IA No. 1 of 2023) is disposed of accordingly.

(Alok Kumar Verma, J.) 08.11.2023 Shiksha