Law:

Section:

(a) Criminal Procedure Code (Y of 1898), Ss. 498, 497 & 496-Bail-True nature and scope of powers conferred on High Court and Court of Session by S. 498-Whether and to what extent S. 498 ancillary and subsidiary to provisions of Ss. 496 & 497­Whether S. 498 does not enlarge categories of persons to whom bail can be granted under Ss. 496 & 497 and whether it does not make provision for situations and contingencies not covered by Ss. 496 & 497 [dictum in Lala Jairam Das v. King Emperor 72 I A 121 fully examined]. The question that fell for consideration before the Supreme Court was: whether s ion 498, Cr. P. C., is only ancillary and subsidiary to the provisions of sections 469 & 497 of the Code or whether that section could be construed to extend that power of the High court or the Court of Session to grant bail under Section 497. The learned Judge examined the true nature and scope 498 S A Rahman J with whom Cornelius C.J and Fazle Akber, J concurred, was of the opinion that section 498, Cr P C is not to be construed to extend the power of the High Court or, a Court of Session to giant bail in cases where these Courts would not be competent to grant Mail under section 497 of the Code. As against this a different view was expressed by Hamoodur Rahman, J. and Yaqub Ali, J. The observations and reasons advanced by the Judges are as follows:- Per S. A. Rahman, J. (Cornelius, C. J. and Fazle-Akbar, J., concurring):-A consideration of the context in which it occurs would show that section 498 should apply only to accused persons and not to those convicted of an offence. Section 426 of the Code grants power of bail to the appellate Court, in respect of convicted persons. Subsection (2) of that section expressly enacts that such a power may be exercised by the High Court, in the case of an appeal by a convicted person to a Court subordinate thereto. That section confers no such powers on a Court of Session. The very fact that express conferment of this power in the case of the High Court is mentioned, excludes the existence of a similar power in the case of a Sessions Court. If section 498 is so construed as to include within its scope convicted…

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