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Can a review petition be filed over grant of anticipatory bail?


14-Dec-2023 (In Criminal Law)
My family has got Anticipatory bail in IPC 498A with condition "BAIL WILL BE CONFIRMED ONCE DIVORCE CASE WILL BE WITHDRAWN BY HUSBAND." in session court by additional session judge. Husband got bail from HC without any condition. Can we go for review petition to same judge on ground that husband has got bail without and maintenance is awarded to wife ? If yes then which section allow the same judge to modify anticipatory bail condition ?
Answers (3)

Answer #1
892 votes
Dear Client, In the present senario, you can move a revision petition under section 397 and 399 in the respective District and Session's Court for any modification of the aformentioned order. Since, it is the criminal case, so, Review petition can't be filed in the present case.
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Advocate Kumar Karan

Adv. Kumar Karan

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Answer #2
889 votes
High court has inherent power u/s-482.you can go in the modification but judges never want modify own order without any substantial evidences.once order has been passed that will be final.appeal modification thease r only formaties by the court.
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Advocate RK Goswami

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Answer #3
507 votes
In criminal law there is no provision for review. Unfortunately, the only option for you is to file SLP in supreme court. Alternatively, you can file for bail cancellation if the husband tried to misuse the privilege of bail. Bail Cancellation will be listed before the same judge. Modification of bail order is permitted under inherent power of the High Court under section 482 Cr.P.C but the same cannot be used to review/revisit the original bail order. Hope this clarifies.
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Advocate Avinash Shekhar

Adv. Avinash Shekhar

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