State Of Kerala v. Rajesh, Criminal Appeal No. 154-157 of 2020

Court:  Supreme Court of India

Issue: Can the High Court recall its bail order by exercising the powers u/s 482 Cr.P.C. if the same has been passed under          the misconception of facts?


The remedy of the State lay in challenging the orders of this Court, if it was really aggrieved, before a superior forum and not before the same court. High Court cannot recall such order while exercising the powers u/s 482 Cr.P.C. and none of the applications seeking to recall the order of this Court is maintainable under law.

In the NDPS cases, while hearing bails, the Court must be cognizant of requirements u/s 37 of the NDPS Act.

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