Description

Powers of High Court or Court of Session Regarding Bail:

1. Directing Release on Bail:

   • The High Court or Court of Session can direct that any person accused of an offence and currently in custody be released on bail.
   • If the offence is of a nature mentioned in Section 437(3) (which involves serious non-bailable offences), the Court may impose conditions it deems necessary to ensure justice is served. These conditions are in line with the objectives set forth in that Sub-Section.

2. Modifying or Setting Aside Bail Conditions:

   • The High Court or Court of Session has the authority to set aside or modify any conditions imposed by a Magistrate when granting bail to a person.

3. Notice to the Public Prosecutor:

   • Before granting bail to a person accused of:
     • An offence triable exclusively by the Court of Session, or
     • An offence (even if not triable exclusively by the Court of Session) that is punishable with imprisonment for life,
   • The High Court or Court of Session must give notice of the bail application to the Public Prosecutor.
     • Exception: The Court may skip the notice if it deems it impractical, but it must record the reasons for this decision in writing.

4. Re-arrest and Committal to Custody:

   • The High Court or Court of Session may direct that any person already released on bail under this Chapter be arrested and committed to custody if deemed necessary.