Law:

Section:

(a) Criminal Procedure Code (V of 1898)---- Ss. 496, 497(5) & 498-Bail, cancellation of-High Court or Court of Session while taking action to grant bail does so under S. 496 or 497 read with S. 498 and does not draw its capacity from a 6ource wholly distinct from S. 496 or 497-Powers conferred by subsection (5) of S. 497-Available to High Court or Court of Session when it grants bail is a case before a subordinate Court High Court or Court of Session, held, empowered under revisions of subsection (5) of S. 497 to cancel bail earlier granted by itself under S. 498 read with 497.-[Bail]. At one time the different High Courts in this sub-continent were inclined to hold that the provisions for bail contained i7 section 498 of the Code of Criminal Procedure were entirely distinct from those in section 497 thereof, that the High Court in directing the release of a person accused of a nonbailable offence In the subordinate Court on bail acted under section 498, and that the order was not one under section 497 so that it might be cancelled under subsection (5) of that section. But the Federal Court of Pakistan in Gushtasab Khan v. Tire Crown made a radical departure in discarding this view that had prevailed amongst the High Courts. The Federal Court held that the power conferred upon High Courts and Courts of Session by the latter portion of section 498 was in the nature of a corollary or rider to the power conferred upon Courts in general by section 497. In other words, a High Court or Court of Session when it takes action to grant bail does so under section 496 or 497, read with section 498, and roust not be assumed to be drawing its capacity from a source wholly distinct from the two easier sections. Therefore, in the opinion of the Federal Court the earlier view that action by a High Court or by a Court of Session acting otherwise than as a Court of original criminal jurisdiction, for the granting of bail :vas quite distinct from action to grant bail under section 497, could not be sustained and such action by a High Court or Court of Session must be regarded as falling within section 497. ft would seem that in this connection the High Court and the Court of…

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