Special powers of High Court or Court of Session regarding bail
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Summary
High Court or Court of Session can grant bail to an accused in custody, and may modify or set aside a Magistrate's bail conditions or add conditions for serious offences. It must notify the Public Prosecutor before granting bail in cases triable only by the Court of Session or punishable with life; for offences under section 65 or section 70(2) notice must be given within 15 days and the informant or an authorised person must attend the hearing. The court may later recall bail and order arrest and custody.
Example
Priya is accused of an offence punishable with life and is in custody. She applies to the High Court for bail; the Court gives notice to the Public Prosecutor and grants bail with conditions to protect public safety. If Priya breaches those conditions later, the Court can recall her bail and order her arrest and custody.
Bare Act
Enacted text(1) A High Court or Court of Session may direct,-
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(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of section 480, may impose any condition which it considers necessary for the purposes mentioned in that sub-section;
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(b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified:
Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice:
Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023, give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application.
(2) The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023.
(3) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.
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