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INDIAN KANOON SECTION 439 CrPC - Code of Criminal Procedure - Special powers of High Court or Court of Session regarding bail

  • Description

    1. A High Court or Court of Session may direct—
      1. 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;
      2. 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.
    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.

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