9911796707
TMI Blog1975 (1) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... Justice, his Lordship directed that Bhagwan Singh be examined by a Board of Experts consisting of Dr. N. S. Pathania, Dr, Kulbushan and Dr. S. L. Verma. The Board has accordingly examined the said respondent and has submitted its report which reads as under: Mr. Bhagwan Singh, whose thumb impression is given below was examined to-day by a Board consisting of Dr. N. S. Pathania, Dr. S. L. Verma, and Dr. Kulbushan Sharma. From the history given by the patient he appears to be a case of epilepsy of 10 to 14 years duration, in the opinion of the board his continuance in the Jail under medical treatment and care will not be harmful to his health. All the three members of the Board would like to point out that this person has consulted each one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (5) of Section 497 of the Code of Criminal Procedure escaped the notice of the learned Counsel. The provision confers plenary power on the High Court and Court of Session to cancel the bail of a person who has been released not by itself but by a Subordinate court as well. This view receives support from a decision of this Court reported 1948 J & K LR 56. Again in another case reported as ILR (1966) Cut 679 : 33 Cut LT 67, it was held that there is no legal bar for the High Court to deal with an application for cancellation of bail under Section 497 or 498 (2) apart from exercising its jurisdiction under its inherent powers under Section 561-A of the Code of Criminal Procedure. The contention of Mr. R. P. Sethi, regarding the power of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffence is bailable, bail has to be granted under Section 496 of the Code of Criminal Procedure, but if the offence is not bailable further considerations arise and the court has to decide the question of grant of bail in the light of those further considerations, such as, nature and seriousness of the offence, the character of the evidence, circumstances which are peculiar to the accused, a reasonable possibility of the presence of the accused not being secured at the trial, reasonable apprehension of witnesses being tampered with, the larger interests of the public or the State and similar other considerations, which arise when a court is asked to admit accused to bail in a non-bailable offence. Under Section 498 of the Code of Criminal Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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