Section 439 of CrPC : Section 439: Special powers of High Court or Court of Session regarding bail.

Explanation using Example

Example 1:

Ravi, a 30-year-old man, is accused of committing a serious crime under Section 302 of the Indian Penal Code (IPC), which pertains to murder. He is currently in custody. Ravi's lawyer files an application for bail in the High Court. The High Court, exercising its special powers under Section 439 of the Code of Criminal Procedure, 1973, reviews the application. Given the severity of the crime, the High Court decides to impose certain conditions on Ravi's bail, such as surrendering his passport and reporting to the local police station every week. Additionally, the High Court gives notice of the bail application to the Public Prosecutor, as required by the law, before making a decision.

Example 2:

Priya, a 25-year-old woman, is accused of an offense under Section 376 of the IPC, which pertains to rape. She is currently in custody. Priya's lawyer files an application for bail in the Court of Session. The Court of Session, before granting bail, gives notice of the application to the Public Prosecutor within fifteen days, as mandated by the law. During the bail hearing, the informant (the victim) or a person authorized by the informant is also present, as required under Section 439(1A). After considering all the facts and circumstances, the Court of Session decides to grant bail to Priya, imposing conditions such as not contacting the victim and not leaving the city without permission.

Example 3:

In the state of Assam, Raj, a 40-year-old man, is accused of committing an offense under Section 121 of the IPC, which pertains to waging war against the Government of India. Raj's lawyer files an application for bail in the High Court. However, under the special provisions applicable in Assam (Section 439-A), the High Court cannot grant bail unless it is satisfied that there are reasonable grounds to believe that Raj is not guilty, or if Raj is a minor, a woman, or a sick or infirm person. The High Court reviews the case and finds no exceptional or sufficient grounds to release Raj on bail. Therefore, Raj's bail application is denied.