Is Revision Under S.397 CrPC Maintainable Against Default Bail Order? Supreme Court To Consider

The Supreme Court is considering whether a revision under Section 397 of the Code of Criminal Procedure, 1973, can be filed against an order granting default bail to the accused under Section 167(2) Cr.P.C., a question it has not addressed previously. \r

The case arose from a Delhi High Court decision affirming the rejection of the Magistrate's order granting default bail to the accused. The accused argued that such an order is interlocutory and not subject to revision under Section 397 Cr.P.C., while the prosecution contended that it is a final order and thus revisable. The Delhi High Court sided with the prosecution, stating that the grant of Statutory Bail is final and releases the Applicant on Bail due to incomplete investigation within the specified period. \r

Consequently, the accused filed a Special Leave Petition (Criminal) before the Supreme Court. After hearing the petitioner's counsels, the Supreme Court issued a notice to the State and directed the prosecution not to arrest the accused until further orders. \r

Recently, the Madras High Court also held that the dismissal of a statutory bail application under Section 167(2) of Cr.P.C. can be challenged through a revision petition, as it is not an interlocutory order.