New Delhi: Judicial officers, including
magistrates, cannot review their own orders, a Delhi court has
said while taking serious note of grant and subsequent
cancellation of bail to an accused.
"It is a settled legal position that a Magistrate
cannot review his own order," Additional Sessions Judge (ASJ)
Santosh Snehi Mann said.
The court`s observation came on a petition of an
accused whose hope to come out of prison dashed within two
hours of the grant of bail as the magistrate changed his order
after he failed to comply with the procedural formalities.
The court not only reversed the magistrate`s order but
went further by saying "even filing of the chargesheet
subsequent to bail order is no ground to its cancellation."
Accused Rahul Kumar had filed the plea before the ASJ
against the order of the magistrate saying his bail was
canceled within two hours on the ground that he failed to
furnish the bail bond.
The magistrate also took note of subsequent filing of
the chargesheet in that case as a ground of revoking the bail,
the petition said.
Rahul and co-accused Rajesh Kumar Jha were in judicial
custody after their arrest on August 12, 2010. An FIR was
lodged against them at IP Estate police station here.
They were granted bail on October, 12 on a statutory
ground as the police failed to file the chargesheet within
stipulated 60 days period.
Rahul said while the co-accused furnished the bond,
he requested for some time to furnish the same. The plea was
rejected on the ground that in the meantime, the IO, had filed
The ASJ allowed his plea.