accused person applies for bail he shall be released (Section 496). Section 497 applies to cases of nonbailable offences and there it is said that ... enquiry or the trial has been proceeding is Sub-section (2), Section 497. The importance of the distinction lies in the fact that the relaxation
entitled to be heard, the
section is said to be bad. Counsel is right
that Section 497 does not contain a
18
provision for hearing ... section
(2) of Section 198 treats the husband of the woman as deemed to
be aggrieved by an offence committed under Section 497
punishable under Sections 417 , 465 , 468
and 471 of IPC could be consistent with the allegations of offence
punishable under Sections 306 , 497 ... under Sections 417 , 465 , 468 and 471 of IPC
would be consistent with the allegations for the offence
punishable under Sections 306 , 497
sections of the Code.
(iii) The first and the last sentences of Section 498 are clearly ancillary or subsidiary to Sections 496 and 497 ... Magistrate, just as under the provisions of Sub-section (6) of Section 497 a High Court or Court of Session may cancel the bail granted
were not tried and convicted. It was said there that Section 496 and Section 497 , Cr. P.C. provided for the granting of bail ... sections. This implies that Section 498 , Cr. P.C., does not confer any extraordinary power not possessed by a Court while acting under Section 497
relevant portions of Section 497(1) and Section 498, Criminal P. C. Section 497(1) is as follows-
"When any person accused ... offence which is covered by Section 496, or of a non-bailable offence which is covered by Section 497, The Oxford English Dictionary
person aggrieved by the offence. Sub-
section (2) of section 198 provides that, for the purposes
of sub-section (1), "no person other than ... entitled to be heard, the section is said to be
bad.
748
Counsel is right that section 497 does not contain a
provision for hearing
section (1), no person
other than the husband of the woman shall be
deemed to be aggrieved by any offence punishable
under Section 497 ... Section 4972 of the Indian Penal Code
by an adulterer who had been prosecuted for the offence of
adultery under Section 497 of the Indian
custody was not necessary under Section 167(2) and secondly that he should be released on bail under Section 497(2) as the Magistrate ... that Section what the Sessions Judge had to decide was whether the person to whom bail was granted by the Magistrate under Section 497 should
ignoring the basic principle and ingredients of
section 198(2) Cr.P.C as well as Section 497 IPC and as such,
great prejudice ... object of Section 483 and the purpose
behind conferring the revisional power under
Section 397 read with Section 401 , upon the
High Court
