Special powers of High Court or Court of Session regarding bail
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Summary
High Court or Court of Session can release an accused on bail, impose conditions, and alter or cancel a Magistrate's bail terms. For offences triable only by Sessions Court or punishable with life imprisonment the court must notify the Public Prosecutor unless it is impracticable with reasons recorded. For specified sexual offences the court must give notice within 15 days and the informant or an authorised person must be present at the hearing. The court can later order re-arrest and custody.
Example
Arjun is accused of a specified sexual offence and is in custody. He applies to the Court of Session for bail. The court gives notice to the Public Prosecutor within 15 days and insists that Meera or her authorised person be present at the hearing; it may grant bail with conditions, change a Magistrate's bail terms, or later order his re-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 437, 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 sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code, 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 application2.
1A. 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 sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code2.
(2) 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.
2 Criminal Law (Amendment) Act, 2018
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