Special Powers of High Courts and Sessions Courts Regarding Bail and Cancellation of Bail
Section 439 of the Code of Criminal Procedure confers special powers on High Courts and Sessions Courts to direct –(a) That any person accused of any offence and in custody be released on bail; and(b) That any condition imposed by a Magistrate when releasing any person on bail be set aside or modified. ADVERTISEMENTS: However, in the case of a person who is accused of an offence,-(i) Which is triable exclusively by a Trial Court, or(ii) Which though not so triable, is punishable with life imprisonment, the High Court or the Sessions Court must, before granting bail, give notice of the bail-application to the Public Prosecutor, unless the Court is of the opinion, for reasons to be recorded by it, that it is not practicable to give such notice? Image…