Section 483 of BNSS : Section 483: Special powers of High Court or Court of Session regarding bail.
BNSS
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Explanation using Example
Example 1:
Rajesh, a resident of Mumbai, is accused of a serious financial fraud case and is in custody. His lawyer files an application for bail in the High Court. The High Court, considering the nature of the offence, decides to grant bail but imposes strict conditions such as surrendering his passport, reporting to the local police station every week, and not leaving the city without prior permission. This ensures that Rajesh does not flee the country or tamper with evidence while on bail.
Example 2:
Priya, accused of a minor theft, is granted bail by a Magistrate with the condition that she must provide a surety of ₹50,000. Priya's lawyer believes this condition is too harsh and approaches the Court of Session to modify it. The Court of Session reviews the case and decides to reduce the surety amount to ₹10,000, making it easier for Priya to comply with the bail conditions.
Example 3:
Anil is accused of a crime that is exclusively triable by the Court of Session and is punishable with life imprisonment. His lawyer applies for bail in the High Court. Before granting bail, the High Court gives notice to the Public Prosecutor, who then has the opportunity to present any objections. After considering the Public Prosecutor's input, the High Court decides to grant bail with conditions to ensure Anil's presence during the trial.
Example 4:
Sunita is accused of an offence under section 65 of the Bharatiya Nyaya Sanhita, 2023. Her lawyer files for bail in the Court of Session. The Court of Session gives notice to the Public Prosecutor within fifteen days of receiving the bail application. During the bail hearing, the informant who reported the crime is also present, as required by law. After hearing all parties, the Court decides to grant bail to Sunita.
Example 5:
Vikram, who was previously granted bail by the High Court, violates the conditions of his bail by attempting to contact a witness. The Public Prosecutor brings this to the attention of the High Court. The High Court then orders Vikram's arrest and commits him back to custody, ensuring that he does not interfere with the ongoing investigation or trial.