AIR 1951 PATNA 497 ::ILR 30 Pat 115

Patna High Court

Hon'ble Judge(s): Das, Narayan , JJ

Criminal P.C. (5 of 1898) , S.497, S.498— Prosecutions u/S.7, Essential Supplies (Temporary Powers) Act-Non-bailable offence-Power to grant bail-Essential Supplies. Temporary Powers Act (24 of 1946) , S.13A— Where the petnrs. for bail are being prosecuted under S. 7, Essential Supplies (Temporary Powers) Act, for non-bailable offences and s. 13A of that Act has no application, the stringent conditions necessary for the grant of bail under that section cannot be applied and the Ct. is free to enlarge the petnrs. on bail, like any other accused, on the well established principles.(Para 9 11) @page-Pat498 After the amendment of 1923, the principle to be deduced from Ss. 496 and 497 is that the grant of bail is the rule and the refusal is the exception. The discretion of the Cts. is now less fettered than it was before, and S. 497 as it now stands, draws a distinction between non-bailable offences which are punishable with death or transportation for life and other non-bailable offences, The result is that in the former case the Mag.'s power for granting bail are restricted but it is not so in the latter class of cases. Of course, in every case the Mag. has to exercise his discretion, but the discretion has to be exercised judicially and not arbitrarily.(Para 5) ....