Bail by the High Court: Essential Considerations
crpc_bnss general intermediate mcq_helpMain question: Under CrPC, what is the condition for a High Court to grant bail to a person under trial?
A. The trial court has refused bail and this is the first appeal B. The trial court has refused bail and this is an appeal after the first appeal to the Sessions Court C. The High Court can grant bail irrespective of the lower court's decision D. The High Court can only grant bail if the trial court has not taken a final verdict
My attempt: kuchh to pata hai, so answer C. High Court ke pass apne vichaar hai. (I have a feeling, so answer C, the High Court has its own opinions.)
Your turn! Kya main galat hoon?
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Guys, I think we're missing the point here about High Court bail. Section 439 CrPC gives the high court the power to suspend or quash a lower court's bail refusal, but what about the 'just and sufficient' test in Section 439(2)? It's essential to consider whether the order of the lower court is 'inconsistent with the Code or any other law for the time being in force' to make a strong case for bail!