- In S. 497 of the Cr. P.C. the power to grant bail is conferred on ‘a Court’ — It is well settled that these words do not mean only a trial Court and are also wide enough to include a High Court and as is also well settled the High Court has concurrent jurisdiction to grant bail — This section is attracted where a person has been arrested, brought before a Court or appears in answer to a process issued by it — The High Court has the jurisdiction to grant bail to a person against whom a case under the Ordinance has been registered and has been arrested and also a person who is facing a trial before a Court set up under the Ordinance. Fazal-ur-Rehman v. Muhammad Hanif Bukhari & others 1995 SCR 248 (D) 1991 PSC 160 ref. & relied.
- S. 5 (6) — lays down that an accused person shall not be released on bail if there appear reasonable grounds for believing that he has been guilty of a scheduled offence — This section has overriding effect, when an application for bail is made before a Special Court or before the High Court an accused cannot be granted bail if there appear reasonable grounds for believing that he is guilty of scheduled offence. Fazal-ur-Rehman v. M. Hanif Bukhari & others 1995 SCR 248 (E)
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