RAJA @ SK. NOORHASSAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application under Section 439 of Cr.P.C.

(2.) IT is not necessary to enter into the merits of the case since I iropose to dispose of the case on a preliminary point.

(3.) POWER to grant bail under Section 439 has, under the scheme of the Cr.P.C., been given to higher Courts like the Court of Sessions and the High Court. This provision empowers these Courts to grant bail to a person who is an accused of an offence and is in custody. Such tower is unfettered and is not circumscribed by conditions unlike Section 437(1) of Cr.P.C. While exercising such power, a Court is not impeded by absolutely anything except his own conscience and good Judgment.