(2019) Law Today Live Doc. Id. 15331
(Arising out of SLP(Criminal) No.9491-9492 of 2017)
Decided on: 08.01.2019
For Petitioner(s):
Mr. M.P. Parthiban, Adv., Mr. A.S. Vairawan, Adv., Mr. R. Sudhakaran, Adv., Mr. Ankur Prakash, AOR
For Respondent(s):
Mr. M. Yogesh Kanna, AOR, Mr. S. Raja Rajeshwaran, Adv., Mr. R. Sharath, Adv., Mr. Debasis Misra, AOR
Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Cancellation of anticipatory bail – Opportunity of hearing – Requirement of – When the order was passed by the High Court, the appellants were not present either in person or through counsel – Order passed by the High Court set aside, matter remitted before the High Court to pass a fresh order after hearing the appellants on the application for cancellation of bail, in the interest of justice.
(Para 3-5)
ORDER
1. Leave granted.
2. Heard learned counsel for the parties.
3. These appeals have been filed against the judgment of the High Court dated 13.10.2017 by which order the anticipatory bail granted to the appellants has been cancelled.
4. The main thrust of the submission of the learned counsel for the appellants is that the said order was passed without giving any opportunity of hearing to the appellants, who had been granted the anticipatory bail by the High Court.
5. A perusal of the order makes it clear that when the order was passed by the High Court, the appellants were not present either in person or through counsel. Although learned counsel for the appellants raised various other submissions but in facts of present case, we are not entering into any other submission. Interest of justice will serve in setting aside the order passed by the High Court and remitting the matter before the High Court to pass a fresh order after hearing the appellants on the application for cancellation of bail.
6. The appeals are disposed of with the aforesaid direction.
Order accordingly.
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