Gurcharan Singh Babbar vs State (Nct Of Govt. Of Delhi) & Ors on 30 October, 2023
In Gurcharan Singh case [Gurcharan
Singh v. State (UT of Delhi), (1978) 1 SCC 118 : 1978 SCC
(Cri) 41] this Court has succinctly explained the provision
regarding cancellation of bail under the Code, culled out the
differences from the Code of Criminal Procedure, 1898 (for
short "the old Code") and elucidated the position of law vis-
à-vis powers of the courts granting and cancelling the bail.
This Court observed as under: (SCC pp. 123-24, para 16)
'16. Section 439 of the new Code confers special
powers on the High Court or Court of Session regarding bail.
This was also the position under Section 498CrPC of the old
Code. That is to say, even if a Magistrate refuses to grant bail
to an accused person, the High Court or the Court of Session
may order for grant of bail in appropriate cases. Similarly,
under Section 439(2) of the new Code, the High Court or the
Court of Session may direct any person who has been released
on bail to be arrested and committed to custody. In the old
Code, Section 498(2) was worded in somewhat different
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language when it said that a High Court or Court of Session
may cause any person who has been admitted to bail under
sub-section (1) to be arrested and may commit him to
custody. In other words, under Section 498(2) of the old Code,
a person who had been admitted to bail by the High Court
could be committed to custody only by the High Court.
Similarly, if a person was admitted to bail by a Court of
Session, it was only the Court of Session that could commit
him to custody. This restriction upon the power of
entertainment of an application for committing a person,
already admitted to bail, to custody, is lifted in the new Code
under Section 439(2).