Criminal Procedure Code, 1973
Section 390—Exercise of power—Where an order under Section 390 of the CrPC is passed, the accused must be admitted to bail rather than committing him to prison—It is well settled in our jurisprudence that bail is the rule, and jail is an exception—This rule must be applied while exercising power under Section 390 of the CrPC, as the position of the acquitted accused is on higher pedesetal and an accused facing trial.
[Paras 18 & 19]
Section 390—Exercise of power—Ex parte order of stay of order of discharge by High Court—Legality—Ex parte order of stay of order of discharge should not have been passed by the High Court—Consequence of such an order are very drastic—Ex parte order of stay is entirely illegal.
[Para 22]
Section 401(1)—Revision—Jurisdiction—In view of Section 401(1) of the CrPC, the revisional court can exercise power under Section 390 in a given case.
[Para 18]