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Report No. 36

15. Case-law as to conditional bail under section 496.-

In bailable cases, i.e., those governed by section 496, the court cannot, it seems, impose conditions, as the accused has a right1-5 to bail. (Nor can a police-officer impose conditions requiring attendance before the police).5

This does not, of course, affect the High Court's power to cancel bail in case of abuse.6 "This jurisdiction springs from the over-riding inherent powers of the High Court and can be invoked in exceptional cases only when the High Court is satisfied that the ends of justice will be defeated unless the accused is committed to custody.7

1. District Magistrate Vizagapatnam (in re:), AIR 1949 Mad 77.

2. Kote Appalakonda (in re:), AIR 1942 Mad 740.

3. P.P. v. Raghuramiah, (1957) 2 Andh WR 383 (Chandra Reddy). Saradamma (in re:), AIR 1965 AP 444.

4. R. v. Genda Singh, AIR 1950 All 525.

5. Jayantilal v. State, 1966 Cr LJ 209 (Guj).

6. Talab Hussain, 1958 SCR 1227: AIR 1958 SC 376, affirming Mudhukar Purushottam, AIR 1958 Bom 406.

7. Ratilal Bhanji v. Asstt. Customs Collector, 1967 Cr LJ 1576, para. 5 (December) (SC).

Section 497, 498 and 499 of the Codeof Criminal Procedure, 1898 - Grant of Bail with Conditions Back

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