1992 CRI. L. J. 2092 ::(1991) 3 Bom CR 46

Bombay High Court

Hon'ble Judge(s): M. F. Saldanha , J

(A) Criminal P.C. (2 of 1974) , S.397, S.482— Powers of High Court u/S. 397 and S. 482 - Not to be equated - They are distinct, different and mutually exclusive. (Para 3) (B) Criminal P.C. (2 of 1974) , S.437— Application for variation of terms and conditions of bail - Order of subordinate Court granting bail modified by High Court by imposing certain conditions - Held, application for variation of terms and conditions could be preferred only to High Court and not to subordinate Court and only after lapse of time or on fresh set of facts or circumstances which have been altered or changed. (Para 9 12) (C) Criminal P.C. (2 of 1974) , S.437— Order granting bail with option - Option requiring accused either to produce surety or to deposit cash - Accused availing of latter option - Held, accused cannot be prevented from changing over to other option provided surety produced by him was so approved. (Para 14) .....